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Justices: No drunk driving on private property

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A person driving drunk can be arrested even if they are driving on private property, including their own property, ruled the Indiana Supreme Court Wednesday.

The high court reversed the trial court's grant of Adam Manuwal's motion to suppress evidence following his arrest for two Class A misdemeanors, operating a vehicle while intoxicated endangering a person and operating a vehicle with an alcohol concentration equivalent of 0.15 or more, after driving an all-terrain vehicle on his own property and crashing. Police suspected Manuwal had been drinking and had blood drawn at the hospital.

After the trial court granted Manuwal's motion to supress, the state dismissed the charges and brought this appeal in State of Indiana v. Adam L. Manuwal, No. 50S05-0805-CR-269, pursuant to statutory authority. The Indiana Court of Appeals affirmed the trial court.

The state argued the language of Indiana Code Sections 9-30-5-1(b) and -2 isn't restricted to just vehicles driven on public thoroughfares and Indiana's interest in protecting citizens extends to private property. Manuwal argued the caselaw that has applied the statutes prohibiting drunk driving to operating on private property only where it's probable the driver might come in contact with the public shouldn't be extended to a driver's use of their vehicle on their own property.

After examining the statutes at issue in this case, the justices unanimously agreed regardless of where a defendant's driving occurred, even on his or her own property, the state can charge him or her with intoxicated driving offenses pursuant to I.C. Sections 9-30-5-1(b) and -2, wrote Justice Brent Dickson.

In addition, the Court of Appeals has applied statutes prohibiting operating a vehicle while intoxicated to driving on private property. The Supreme Court declined to address Manuwal's argument that extending the OWI provisions to his own property violate his constitutional rights because he didn't support or develop his claim, and remanded the cause to the trial court.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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