Man’s additional charges should have been dismissed

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The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.

When Cody Honeycutt was stopped by police, Indiana State Police Sgt. Todd Reed smelled burnt marijuana on Honeycutt. Honeycutt also admitted to smoking the drug earlier in the day and handed a bag of it to the officer. Reed took Honeycutt for a blood draw, but while results of the test were pending, he pleaded guilty without counsel to Class A misdemeanor possession of marijuana and a traffic infraction. He was sentenced to one year with all but eight days suspended.

When the results of the test came back a few days later, the state added two more charges under the same cause number: Class A misdemeanor operating while intoxicated and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance in Honeycutt’s body. Now represented by an attorney, Honeycutt filed a motion dismiss on grounds they were barred by the Successive Prosecution Statute. The trial court denied it, and he was found guilty at a bench trial.

The Indiana Court of Appeals reversed. The state conceded that all four charges are connected, but it argued that it didn’t have probable cause to bring the operating charges at the same time as it brought the charge of possession of marijuana and traffic infraction.

The judges found there was probable cause to charge Honeycutt with the operating offenses at the same time, as Honeycutt had confessed to smoking the drug, there was marijuana on him, and based on the police sergeant’s observations of Honeycutt, Judge Nancy Vaidik wrote in Cody B. Honeycutt v. State of Indiana, 92A04-1203-CR-149.

“If the State believed that the lab results were the key piece of evidence it needed to file the operating charges, then it should have completed its investigation, dismissed the initially-filed Class A misdemeanor possession of marijuana and traffic infraction, and filed all four charges at the same time,” she wrote.

The Court of Appeals also held that Honeycutt did not waive his argument, as the state claimed, because both the trial court and the prosecutor warned him before he pleaded guilty that he could face more charges depending on the pending lab results.



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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 ...