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Justices uphold driver's license suspension

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The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.

In Michael B. Adams v. State of Indiana, No. 29S02-1109-CR-542, Michael Adams was a passenger in a car pulled over for speeding. The officer smelled burnt marijuana and later discovered a jar of marijuana on the floor of the passenger’s side of the car, where Adams feet would have been. After being found guilty of possession of marijuana, the trial judge suspended Adams’ license and registration for 180 days pursuant to Indiana Code 35-48-4-15(a), believing that the driver’s license suspension statute left her no discretion in the matter even though Adams wasn’t driving the car.

Adams argued that the statute couldn’t have applied to him because he didn’t drive or own the car; the state argued that any use of a vehicle by a defendant requires the court to suspend the defendant’s driver’s license and registration. The justices reached a conclusion in between the parties’ arguments.

The justices concluded that the statute requires proof that the defendant used a motor vehicle, at least in cases in which the defendant’s liability doesn’t turn on an accomplice theory. However, it doesn’t follow that the defendant must either own or be driving the car when he commits the offense, wrote Chief Justice Randall T. Shepard. A defendant could use the car by hiding drugs in the trunk or selling drugs out of the window.

“The State must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense, but once the State makes this showing, then a trial court must order the defendant’s driver’s license, registration, and ability to register other vehicles suspended. The court may exercise its discretion only in setting the length of that suspension,” he wrote.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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