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Majority upholds habitual traffic violator conviction

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Four justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor vehicle as a habitual traffic violator.

At issue is whether Michael Lock’s conviction can be upheld when the only evidence admitted at trial as to whether his Honda Zuma’s “maximum design speed” exceeded 25 MPH was that Lock was clocked by radar going 43 MPH on a flat, dry surface. The state’s motor vehicle statutes allow someone with suspended driving privileges to operate motorized bicycles as long as certain requirements are met. One is that the vehicle’s “maximum design speed,” which isn’t defined, does not exceed 25 MPH.

Lock appealed his conviction, arguing the habitual traffic violator statute is unconstitutionally vague and that the evidence didn’t support his conviction. Only addressing the evidence issue, the Court of Appeals reversed in a split opinion.

But the majority of justices upheld Lock’s conviction, finding the statute is not unconstitutional. The justices looked at how an ordinary person would interpret the statute, finding one would interpret the statutory definition of “motorized bicycle” to exclude any devices having a highest possible speed – as conceived of, planned or devised – of more than 25 MPH, Justice Mark Massa wrote. It’s possible that the manufacturer could design the bicycle to not go more than 25 MPH, but after-market modifications could be made. This is probably why the Legislature used the broader term of “maximum design speed” over “maximum manufacture’s design speed,” Massa pointed out.

The majority also found the stipulation that Lock was clocked driving 43 MPH supported his conviction.

Justice Robert Rucker believed the state didn’t prove the elements of Class D felony operating a vehicle while suspended, so he would reverse. He didn’t address the constitutional issue.

“I would read Indiana Code section 9-13-2-109 evincing the Legislature’s intent to exclude those motorized bicycles which, among other things, a manufacturer has designed to travel safely at a maximum speed no greater than twenty-five miles an hour,” he wrote. “That is not to say that the vehicle is incapable of traveling in excess of that speed. Indeed it may very well do so, even if it means damage to the engine or other component parts.”

Construing the statute this way means that the actual speed Lock was traveling has no relevance to the question of “maximum design speed,” he wrote.

 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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