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High court divided on public intoxication charge

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In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.

Brenda Moore challenged her conviction of Class B misdemeanor public intoxication. A friend of her brother asked her for a ride to visit a friend, but since Moore had been drinking, she let the friend drive her car and she rode in the passenger seat. The two were pulled over for a nonworking license plate light. The friend didn’t have a valid license, and Moore admitted she couldn’t drive the car because she had consumed alcohol.

The Indiana Court of Appeals was divided on the conviction, with the majority reversing and using Miles v. State, 247 Ind. 423, 425 216 N.E.2d 841, 849 (1966), to support their decision. The majority noted the purpose of the public intoxication statute is to prevent intoxicated people from threatening the safety of others, and under the circumstances of this case, Moore wasn’t intoxicated in a public place under the meaning of Indiana Code 7.1-5-1-3, Judge Nancy Vaidik dissented, believing it was up to the legislature to address this issue.

In Brenda Moore v. State of Indiana, No. 49S04-1101-CR-24. the majority didn’t address the public safety issue, but instead focused on two issues raised by Moore – that the conviction violates public policy and her right to consume alcohol. Moore argued that her conviction “violates the spirit of the public intoxication statute, and the policy behind its enactment” because she didn’t cause any harm or annoyance and didn’t drink and drive. She believed a policy should be enacted to encourage intoxicated people to find rides without fear of being prosecuted for a crime.

The majority declined to reverse on this issue. “Whether conduct proscribed by a criminal law should be excused under certain circumstances on grounds of public policy is a matter for legislative evaluation and statutory revision if appropriate. The judicial function is to apply the laws as enacted by the legislature,” wrote Justice Brent Dickson for the majority in the decision issued June 28.

The majority also quickly dispensed with Moore’s argument that she has a constitutional right to consume alcohol based on Herman v. State, 8 Ind. 545, 558 (1855). Moore didn’t suffer any impingement of any alleged constitutional right to select which beverage to drink. She was subject to the public intoxication statute because of her conduct after consumption, not due to what she drank. Her accountability under the statute doesn’t violate her personal liberty rights under the Indiana Constitution, wrote Justice Dickson.

Justice Robert Rucker dissented, saying he would revisit Miles, in which the Supreme Court had held that a person parked along a highway was in a public place for purposes of the public intoxication statute, and declare it wrongly decided. In State v. Sevier, 20 N.E. 245 (Ind. 1889), the high court declared that the purpose of this statute is to protect the public from the annoyance and deleterious effects that may occur because of the presence of intoxicated people.

“It is difficult to perceive how this purpose is advanced by declaring that the inside of a closed vehicle traveling along a highway is a public place,” he wrote. He believed Moore should not suffer a criminal penalty for taking the responsible action of allowing a sober friend to drive her car while she was too intoxicated to do so.

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  • car's not public
    how about this. your car is not a public space. contrary to what the police pretend and the courts want to maintain. people have an expectation of privacy in their cars that is flouted by the government all the time. yet another twisted result because of it. understand this right and its the end of story.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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