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State didn't prove man was drunk when driving

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The Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to prove the man was intoxicated when he drove his moped.

Richard Gatewood appealed his conviction of Class D felony operating while intoxicated and the enhancement for being a habitual substance offender. Gatewood had back surgery a couple weeks earlier and was still taking pain medication. On his way to visit his mother in the hospital, he stopped at a liquor store and bought a pint of vodka that he planned to drink at home. Two hospital security guards saw Gatewood park his moped and stumble slightly as he entered the hospital, but they didn't see any alcohol on him and didn't think his behavior was out of the ordinary.

An hour later, the security guards found Gatewood asleep by his moped. When they woke him, they believed he was drunk so they called police. The police officer didn't find any alcohol on Gatewood or in or by his moped. Gatewood did have slurred speech, bloodshot eyes, and trouble staying awake. A medical blood draw showed his blood alcohol concentration at 0.286.

In Richard Gatewood v. State of Indiana, No. 03A04-0908-CR-449, Gatewood argued there wasn't sufficient evidence to support he was impaired and had loss of normal control of his faculties when the security guards saw him drive his moped. The appellate court found the evidence didn't prove Gatewood was intoxicated when he drove. The security guards noted he had stumbled a bit walking into the hospital, but that many people stumble when they visit the hospital because they are sick. The guards didn't see him after he went inside the hospital until an hour later when he was found by his moped. Gatewood testified he didn't drink the vodka until he got to the hospital and couldn't remember where he tossed the bottle. The police officer had testified it would take 20 beers in an hour to make a 150-pound man that drunk; however, he wasn't able to provide any information regarding how much vodka he would have to drink to reach that same BAC.

"... this is not a case where Gatewood was involved in an accident, his driving exhibited signs of impairment, or he committed any traffic infractions," wrote Judge Nancy Vaidik.

Because it reversed his conviction, the appellate court declined to address the state's cross-appeal of the suspension of Gatewood's habitual substance offender enhancement to community corrections.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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