Indiana Supremes Do It Again

[Rob377]

there ya go

IC 9-30-15-3
Open alcoholic beverage container during operation of motor vehicle; Class C infraction
Sec. 3. (a) This section does not apply to the following:
(1) A container possessed by a person who is in the:
(A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) living quarters of a house coach or house trailer.
(2) A container located in a fixed center console or other similar fixed compartment that is locked.
(3) A container located:
(A) behind the last upright seat; or
(B) in an area not normally occupied by a person;
in a motor vehicle that is not equipped with a trunk.
(b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container:
(1) that has been opened;
(2) that has a broken seal; or
(3) from which some of the contents have been removed;
in the passenger compartment of the motor vehicle commits a Class C infraction.
(c) A violation of this section is not considered a moving traffic violation:
(1) for purposes of IC 9-14-3; and
(2) for which points are assessed by the bureau under the point system.
As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.

 

[gdkaiser]

Best way to avoid any of this do not drink and drive, drink only at your house, do not drink to excess... I do not drink never enjoyed it I don't have a problem if some else enjoys a drink! but I do have a issue if you drive while impaired, or under the influence of anything Stay at home and you will most likely avoid being arrested! most DUI and OWI and PI are because the persons were acting foolishly right there!!! they made a choice it got them arrested not my fault not going to feel sorry because you can't stop from getting to the point of getting arrested... Oh well

 

[NYFelon]

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.

After the recent decison in several jusrisdictions relating to cell/smartphones just being "digital wallets, i've been trying to figure out how to code something up that will run a terminal script that will erase the whole file system.

I'm raising my finger to the man. You guess which one.

 

[rich8483]

Best way to avoid any of this do not drink and drive, drink only at your house, do not drink to excess... I do not drink never enjoyed it I don't have a problem if some else enjoys a drink! but I do have a issue if you drive while impaired, or under the influence of anything Stay at home and you will most likely avoid being arrested! most DUI and OWI and PI are because the persons were acting foolishly right there!!! they made a choice it got them arrested not my fault not going to feel sorry because you can't stop from getting to the point of getting arrested... Oh well

ok, but the reason i ask is, my BIL collects beer bottles of different brands and micro brews. when he gets a few, he throws them in the back seat and drives them to my shop for storage.

he has not drank those beers in public, in his car, or may not even be the one that drank them at all. but he would be in violation of that law b/c he might have.

secondly, you are trying to state ways to stay out of trouble under the current laws/regulations. i am trying to state that their is no just reason for the laws that we are discussing.

if the laws were worse, (there are far bigger things we could **** and moan about) would you simply advocate the best ways to not violate those laws rather than argue that they are bad laws. say no people of such and such a race allowed outside after dark.

well the best thing to do is to just stay inside after dark. or would it be to get the law fixed.

 

[mrjarrell]

After the recent decison in several jusrisdictions relating to cell/smartphones just being "digital wallets, i've been trying to figure out how to code something up that will run a terminal script that will erase the whole file system.

I'm raising my finger to the man. You guess which one.

The feds and many departments are suggesting that cops seize phones and then put them in Faraday bags, so they cannot be remotely wiped, (like the iPhone).
Arizona Police Told To Search Arrestee iPhones For Anti-Police Apps | Techdirt

 

[NYFelon]

I was thinking more along the lines of a small perl script that had as a conditional statement of mulitple iterations of unauthorized access attempts to run rm -rf /*. Still trying to figure it out.

 

[Kase]

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.

Aren't you the guy that has that "9 MM" from the other thread???

 

[Paco Bedejo]

I was thinking more along the lines of a small perl script that had as a conditional statement of mulitple iterations of unauthorized access attempts to run rm -rf /*. Still trying to figure it out.

If you get something going on Android, please let me know... Still holding my breath that corporate-IT pressure will push Microsoft to create encryptable phones like Blackberries.

 

[Timjoebillybob]

I respect a person that lets another drive when they are intoxicated (Not the driver). You know designated drivers. But if you are a passenger in a car that is stopped because the driver is OWI, there is a very good chance that you will be joining them in jail. Where I work I am not going to sit and wait for someone to come and pick you up. I am also not going to let a drunk take off walking with the possibility of them getting run over or something with all of its liability. With all things considered if the person is not whopping and hollering and acting like a fool, and you can get someone to come and pick you up before the tow truck gets there, you are probably GTG. If not, sucks to be you.

If your taking the driver in for OWI why not just give the passenger a ride to the station and let them wait there for the ride? You don't have to worry about liability if they wander off and they don't get a charge.

Did you drive it off your lawn and down to the liquor store for more beer?

If so, yes.

If not, your lawn (at least most lawns) is not a public highway.

Kirk, it doesn't matter if your on a public highway or not. From IC

IC 9-30-5-9
Operation of vehicle in place other than public highway
Sec. 9. It is not a defense in an action under this chapter that the accused person was operating a vehicle in a place other than on a highway.
As added by P.L.2-1991, SEC.18.

You can get an OWI for using a riding lawnmower on your own property. I read about one case(sorry can't find the link at the moment) where a guy was arrested, convicted but the case was later thrown out on appeal. iirc It wasn't dismissed because he was on his property, it was because the officer didn't prove he was intoxicated. The guy was mowing after having a couple of glasses of wine, and rolled the mower on a incline and hit his head. Officer arrested for OWI and didn't give FST or breathalizer. The guy claimed his disorientation was a result of his head injury.

 

[IncendiaryGunner]

I think the other side of the coin is that some people consider just being intoxicated to be "sinful".

Sadly, many of our laws are based on what people "feel" other people should not do, even if nobody else is harmed.

 

[Ramen]

SB 156

A bill authored by Sen. Mike Young passed out of the Senate this past legislative session to try and remedy the situation, but it died in committee in the house. You can probably thank Patrick Bauer for that one, although it possibly was due to Rep. Hinkle since he is the committee chairman.

The bill "Provides that a person may not be convicted of certain offenses relating to intoxication unless the person: (1) endangers the person's life; (2) endangers the life of another person; or (3) breaches the peace or is in imminent danger of breaching the peace."

You would be allowed to walk home from the bar or ride as a passenger in a vehicle without fear of arrest.

 

[j706]

If your taking the driver in for OWI why not just give the passenger a ride to the station and let them wait there for the ride? You don't have to worry about liability if they wander off and they don't get a charge.

Well for one the public is not paying me to babysit intoxicated people. They made a choice. Now if a person is a passenger in a vehicle that lets say the driver was arrested for OWI. I will most likely take the passenger for PI if they are running their trap like many do. If the passenger is being orderly and they can get a ride before the tow truck arrives, I will let them be gone. But in short I am not going to be sitting around out of service so that a drunk gets home.

And for what it's worth I have driven many a intoxicated pedestrian home that was just leaving the bars at closing time. If they are walking down the sidewalk, or stumbling down the sidewalk, and are not causing a ruckus I will more than likely take them home if they live close by and we are not busy ect.


Kirk, it doesn't matter if your on a public highway or not. From IC

Correct-OWI is enforceable on any property and with any conveyance be in land,water or air. That includes horse's, lawnmowers,mopeds, bicycles or anything that moves a human body. Their are lots of drunk drivers on mopeds.

 

[Kirk Freeman]

Kirk, it doesn't matter if your on a public highway or not. From IC

Correct, that's from a Supreme Court case entitle Manuwal from a couple of years ago. OWI applies on public or private property including property owned by the motorist.

I'll see if I can find it later.

 

[CSORuger]

I wanted to be inside

Arrest them

 

[Kirk Freeman]

O.K., I see why everyone is talking to me.

Ok I have an honest ? If you are mowing the lawn on a rider and drinking a beer on your property will you be cited for OWI?

The answer is no because drinking a beer and cutting your grass does not mean you are intoxicated. If you leaving the property you can be cited for open container infraction/ordinance violation.

You CAN be arrested for OWI (a la Manuwal) if you are intoxicated mowing your lawn but the question to me did not state intoxicated.

I apologize if my too literal answer caused any confusion. I should have anticipated "drinking a beer" as potential intoxication but did not.

Here is the Manuwal case for those interested in operating while intoxicated on your own property:

http://www.in.gov/judiciary/opinions/pdf/04080901bd.pdf

 

[serpicostraight]

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.

wasnt there a change in the law about a year ago concerning this? when i got my owi the cop said that even though i was sitting in a parking lot that because the engine was running i was guilty. he told me he was 20-0 on owi cases after i told him it was a bs charge. hes 20-1 now.

 

[bassplayrguy]

So if your cab driver gets pulled over you can go to jail for PI. What a load of crap.

 

[NYFelon]

Wait, So Say I move to a huge piece of property I buy in Indiana. Now, I'm on this property, which is mine, ripping up a mudbog that happens to be in the Northwest corner of my own real property in my own 4X4, drinking my own beer. I can be arrested for driving drunk, on my own property? WTF?

 

[j706]

Yes you sure can. But don't over think it. First off how would you be found out? Second like someone else said, drinking does not in and of itself make you drunk. People get busted for OWI on private property (like you described) when they crash their ATV and EMS is called and circumstances such as that.

 

[Denny347]

wasnt there a change in the law about a year ago concerning this? when i got my owi the cop said that even though i was sitting in a parking lot that because the engine was running i was guilty. he told me he was 20-0 on owi cases after i told him it was a bs charge. hes 20-1 now.

No law I am aware of...more like case law. Judges here in Indy decide this way and I agree with them. I did have a case a few years ago during winter time where I found a car on top of a show pile, running, in gear with the rear tires spinning at 10mph, locked but unoccupied. The driver soon showed up so drunk she couldn't even walk. After Miranda, she told me she came from the bar across the street and crashed into the snow pile. She then locked herself out of it while it was still spinning. She walked away then came back. I arrested her for OWI. It was dismissed in court for not having a witness to her driving. Her admission is not enough. Another time I found a Mustang in the middle of an intersection with the driver passed out, car in gear, running, foot on brake. No witness to him driving but the manner in which I found him it was enough to infer that he was...that was fine for the Judges. Another Owi I had was a car stopped, blocking the entrance/exit to a parking lot. Driver was passed out, vehicle running. That too was ok.