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Trial court improperly suspended driving privileges for life

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A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.

In Thomas Porter v. State of Indiana, 49A02-1205-CR-398, Thomas Porter was pulled over by a police officer because the officer was unable to read Porter’s license plate from 50 feet away based on poor lighting around the plate. He was charged with Class D felony operating a motor vehicle while being a habitual traffic violator and Class C felony operating a motor vehicle after his license had been forfeited for life.

Porter filed a motion to suppress and challenged every stage of the encounter. He claimed the lights had never been modified, and he could see the license plate in person. Photographs introduced by the state showed a shadow over part of the plate.

The judge found Porter guilty of the Class C felony and dismissed the other count out of double jeopardy concerns. At his sentencing hearing, the judge learned that Porter’s conviction in an arrest in 2008 in another county had been reduced to a misdemeanor, so his license was no longer suspended for life. The state sought to suspend Porter’s license for life, which the trial court granted.

“The record reveals evidence that Officer Montgomery had a reasonable and objectively justifiable basis for making the initial traffic stop. Even assuming that Porter’s vehicle met federal regulations, we cannot say that Officer Montgomery lacked reasonable suspicion to initiate a traffic stop of Porter’s vehicle when he could not see the license plate from fifty feet away,” Judge Elaine Brown wrote.

The judges looked at Indiana Code 9-30-10-16 and -17 and found Section 17 does not provide for a lifetime suspension.

“Mindful that penal statutes should be construed strictly against the State, that ambiguities should be resolved in favor of the accused, and that the judicial function is to apply the laws as enacted by the legislature, we conclude that the trial court exceeded statutory authority and improperly suspended Porter’s driving privileges for life,” Brown wrote.

The case is remanded for further proceedings.

 

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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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