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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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