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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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