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Officer had probable cause to believe defendant drove while drunk

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The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.

A 911 call led Oakland City Lieutenant Timothy Gaines to check out a report of a drunk driver who pulled into a gas station. The caller gave her name, described the truck, and followed it to the gas station. There, Gaines found the driver – Hassfurther – who admitted he had been driving the truck and he had drank the night before. Hassfurther showed signs of intoxication. He refused to take a portable breath test, to which Gaines informed Hassfurther that his license would be suspended for a year. Hassfurther then took that test and alcohol was detected in his system.

After arriving at jail, Gaines told Hassfurther his prior conviction for OWI would result in a two-year suspension if he refused to take the chemical test for intoxication. Hassfurther again refused, and he was later charged with OWI. The state alleged that he knowingly refused to take the chemical test.

He sought judicial review, arguing the officer didn’t have probable cause that he drove drunk, he wasn’t properly advised of his rights, and he didn’t knowingly refuse the chemical text for intoxication.

In Paul Hassfurther v. State of Indiana, 26A01-1208-CR-350, the Court of Appeals affirmed the denial of judicial review. The evidence shows a concerned citizen called 911, Gaines saw Hassfurther display signs of intoxication, and he admitted to police he drove the truck and had been drinking. Gaines also advised Hassfurther several times that his license would be suspended if he refused to submit to the chemical test and told Hassfurther that a prior conviction for OWI would result in a two-year suspension.


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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