Indiana Supremes Do It Again

[$mooth]

Just another reason that the first among Apple, Android, or Windows Phone 7 to create a fully encrypted (at the hardware level) phone, will be the one to get my business. In the meantime, I'll be keeping my phone in my pocket while out & about.

My blackberry is. Put in the wrong password enough times and it will reformat itself back to factory new.

 

[Denny347]

Hmm, old news I thought. I've arrested many an occupants of a vehicle for PI. It usually because the driver is going for DUI and the passenger is a problem. Vehicle has been considered a public place for public nudity laws.
Whatley v. State :: April, 1999 :: Indiana Supreme Court Decisions :: Indiana Case Law :: US Case Law :: US Law :: Justia

However, arresting for PI needs a little restraint. SOmeone walking down the street with a few too many drinks in them but A. Can walk fine and poses no traffic hazard. B. Is not a problem to the public or not causing a scene...will ALWAYS get a pass from me. Same applies to passengers in a vehicle. PI should be reserved to those persons who are problems.

 

[Kirk Freeman]

Also, I've seen people argue that if you're drunk in a car, then you should be charged with DUI, because you "could" start the car and drive it.

Lots and lots of people advocating liberty these days.

I object to this Prosecuting Attorney bashing.

was passed out over the steering wheel of his running truck.

I object to this Judge bashing.

Despite all the acrimony, the reasoning, however much I disagree with the result, is solid. Easy fix: have LSA create an exception for passengers in motor vehicles.

 

[Paco Bedejo]

My blackberry is. Put in the wrong password enough times and it will reformat itself back to factory new.

Yeah...I'm just hoping that Windows Phone 8 will support a company which might desire to create a hardware-encrypted phone... If nobody does so by year's end...then I'll probably be switching to a "can't do crap" Blackberry... I just can't imagine giving up all the stuff my rooted Droid X can do.

 

[23mar03]

So much for drinking at a bar or at a friends house(unless you're staying there).

 

[Kirk Freeman]

You can drink, just don't drink to intoxication.

 

[ATOMonkey]

You can drink, just don't drink to intoxication.

So I get one drink? I don't think bars are going to like that. I know for a fact that I won't like it.

 

[Rob377]

I object to this Prosecuting Attorney bashing.



I object to this Judge bashing.

Despite all the acrimony, the reasoning, however much I disagree with the result, is solid. Easy fix: have LSA create an exception for passengers in motor vehicles.

That would work.

However, I'm going to respectfully disagree that the reasoning was solid. They based it on Mills, which by its own text admits there is very little authority for finding the inside of a stopped car a public place. The one authority they do cite is from 1928, in a case where a drunk guy loses control and crashes his car. This of course, was before any DUI/OWI law was in effect, so accidents like this were prosecuted as a PI.

So like a ridiculous 90-year old game of legal telephone, the rationale has been distorted into this absurd result, completely divorced from any semblance of common sense, logic, sound legal reasoning, or the original purpose of the judicially created rule from 1928 (despite the Court's ironic and laughable claim of "apply[ing] the laws as enacted by the legislature." )

 

[semperfi211]

Is the BAC for PI the same as DUI? If not driving your license can't be threatened for refusing a test can it? Without a test would it be difficult to prove if not falling down snot slinging drunk?

 

[IndySSD]

You can drink, just don't drink to intoxication.

So I get one drink?

Pfft.... lightweight.....

I need to get one of my LEO contacts to come over to my place with a breathalyzer and see how much Crown I have to drink before I'm "intoxicated".... usually I start to feel a little buzz and my cheeks get a little rosey after about 12-16 ounces of crown. Usually by the time I finish the bottle I'm drunk off my ass (but still up/around/cognitive).

I haven't finished a bottle in one sitting in over a decade I'd say. Everyone's always surprised how well i handle my liquor for a little guy.

 

[Denny347]

Also, I've seen people argue that if you're drunk in a car, then you should be charged with DUI, because you "could" start the car and drive it.

Lots and lots of people advocating liberty these days.

Not quite that cut and dry. If you are in a legal parking space and I do not have a witness to you driving (an admission is not enough), it is not a DUI. If I find you in a place that the only way you could have gotten there was to drive and the keys are at least in the ignition, ie:an intersection, in the street blocking traffic, at the entrance to a parking lot, then the courts have stated that we can infer that the driver was in control.

 

[ATOMonkey]

Pfft.... lightweight.....

I need to get one of my LEO contacts to come over to my place with a breathalyzer and see how much Crown I have to drink before I'm "intoxicated".... usually I start to feel a little buzz and my cheeks get a little rosey after about 12-16 ounces of crown. Usually by the time I finish the bottle I'm drunk off my ass (but still up/around/cognitive). But I haven't finished a bottle in one sitting in over a decade I'd say. Everyone's always surprised how well i handle my liquor for a little guy.

Depending on this or that, .08 BAC is about one ounce of booze per hour.

 

[ATOMonkey]

Not quite that cut and dry. If you are in a legal parking space and I do not have a witness to you driving, it is not a DUI. If I find you in a place that the only way you could have gotten there was to drive and the keys are at least in the ignition, ie:an intersection, in the street blocking traffic, at the entrance to a parking lot, then the courts have stated that we can infer that the driver was in control.

What about OWI?

 

[jmiller676]

Depending on this or that, .08 BAC is about one ounce of booze per hour.

+1 it doesn't matter if you're drunk. If your BAC is .08 you're breaking the "law"

 

[Kirk Freeman]

However, I'm going to respectfully disagree that the reasoning was solid.

You want to go on record as questioning the reasoning of the Supreme Court? I agree with the Court, before I disagreed with the Court.

I understand their position as much as I disagree. If we want this fixed then we need to call and write our members of the General Assembly.

 

[Kirk Freeman]

1 it doesn't matter if you're drunk. If your BAC is .08 you're breaking the "law"

Maybe, if you are driving.

If you want to stay out of jail for Publix Intox, stay homre, stay away from the bottle or learn more about how alcohol impacts the body.

 

[Denny347]

What about OWI?

It is the same thing...I was just using the most recognized term.

 

[ATOMonkey]

Ok, I thought "operating" encompassed more than "driving".

So, if I'm in a legal parking space, sleeping it off, then I'm ok?

 

[jmiller676]

Maybe, if you are driving.

If you want to stay out of jail for Publix Intox, stay homre, stay away from the bottle or learn more about how alcohol impacts the body.

I was refering to driving, understanding what alcohol does doesn't help you when you want to have a good time. It's a perception is all it is. Some like to go out and have a few drinks but are perfectly fine to drive sometimes better than sober people. The problem is that alcohol affects everyone differently and the BAC is pretty much bare minimum after one drink. If you are fine after one drink it doesn't matter because it's the "law". Like they say just because it's the law doesn't always make it right.

 

[ATOMonkey]

I was refering to driving, understanding what alcohol does doesn't help you when you want to have a good time. It's a perception is all it is. Some like to go out and have a few drinks but are perfectly fine to drive sometimes better than sober people. The problem is that alcohol affects everyone differently and the BAC is pretty much bare minimum after one drink. If you are fine after one drink it doesn't matter because it's the "law". Like they say just because it's the law doesn't always make it right.

Yes, but without malum prohibitum law, how would we save people from themselves or properly conduct pre-crime divisions of law enforcement?