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Tests not required to disprove arrestee intoxication

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In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.

Indiana Code 12-23-15-2 says, “An individual to be taken to the city lock-up or county jail shall be evaluated at the earliest possible time for nonalcoholic factors that may be contributing to the appearance of intoxication.”

Annette Pittman was arrested by police officer Ivalee Craney at a gas station on suspicion of public intoxication. Pittman appeared to be drunk and refused to leave the gas station after asked by employees.

Pittman argued on appeal that the state didn’t follow I.C. 12-23-15-2 and determine if some other reason could have caused her speech to be slurred, be unsteady on her feet, and to smell of alcohol. Pittman’s conviction is based solely on Craney’s observation of Pittman’s behavior and condition at the gas station.

The COA found no cases discussing the statute in question and Parker v. State, 530 N.E.2d 128 (Ind. Ct. App. 1998), which discusses the statute’s predecessor, only reflects that the provision does not compel the state to administer a chemical sobriety test or other test.

Pittman claimed the statute requires medical or scientific testing to rule out other causes of intoxication symptoms, but her argument would place a large burden on the state to disprove a subject’s behavior was caused by anything other than alcohol, the judges ruled.
 
“I.C. § 12-23-15-2 did not require Officer Craney, or other law enforcement personnel elsewhere, to perform an evaluation so thorough as to eliminate all other possible causes for each of the symptoms of alcoholic intoxication that Pittman exhibited,” Judge Ezra Friedlander wrote. “Although we can envision scenarios that would warrant further evaluation, including but not limited to those involving behavior reasonably suggestive of mental illness or dementia, this was not one of them. The dictates of I.C. § 12-23-15-2 were satisfied. This being Pittman’s only challenge to the sufficiency of the evidence, the challenge fails.”

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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