ILNews

State didn't prove man was drunk when driving

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT