Judge argues state must prove actual endangerment

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The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.

Gregory E. Staten challenged his conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person and the finding he committed a Class C infraction failing to obey a stop sign. He was also convicted of Class A misdemeanor operating a vehicle with a blood alcohol content of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated, but those two convictions were later tossed out.

Indiana State Trooper Joshua Greer saw Staten drive his car left of center and through a 3-way stop sign on a school access road. Staten failed field sobriety tests and consented to a chemical test, which showed a BAC of 0.15 percent.

In Gregory E. Staten v. State of Indiana, No. 87A04-1005-CR-393, the three judges vacated the Class C traffic infraction and $5 fine, noting the state conceded that as charged, the evidence was insufficient to prove Staten committed the infraction.

The majority upheld his remaining conviction over Staten’s arguments that the BAC test results were inadmissible because the traffic stop was illegal. The state conceded Staten didn’t violate I.C. Section 9-21-8-32 because the stop sign wasn’t at an entrance to a through highway, but claimed the traffic stop was legal pursuant to I.C. Section 9-21-4-11 because the Indiana Department of Transportation erected the 3-way stop sign there. As a result, the state claimed he violated I.C. Section 9-21-4-18 which says a person must obey signs posted under this chapter.

Judges Cale Bradford and James Kirsch found there was sufficient evidence to determine Staten committed a traffic violation under I.C. Section 9-21-4-18, giving Greer the legal right to stop Staten’s car.

The majority held that the state must prove that Staten was operating his car in a manner that could have endangered anyone, including himself. Greer testified that he saw Staten drive left of center and drive through the stop sign. This is sufficient to support his conviction.

Judge Crone dissented regarding Staten’s Class A misdemeanor OWI endangering a person conviction. There’s no evidence that the DOT erected the stop sign at the intersection, as required by I.C. 9-21-4-11, or whether the access road was open to the public and used for vehicular travel. The traffic stop was invalid, Judge Crone concluded, so his OWI conviction should be vacated.

In addition, Judge Crone said there isn’t sufficient evidence supporting that Staten drove his car in a way that endangered someone.

“With all due respect to my colleagues and the public policy concerns expressed in cases like Outlaw, Krohn, and Staley, I believe that the plain language of the statute requires the State to prove that a defendant operated his vehicle in a manner that actually endangered a person,” he wrote.

In this case, Judge Crone would vacate this conviction and order Staten’s Class A misdemeanor operating a vehicle with a BAC of 0.15 or more be reinstated if not for the invalid traffic stop.  


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...