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Tuesday, July 05, 2011
Ind. Decisions - More on "That could pull over every single taxi in Broad Ripple"
Updating last Friday's ILB entry on last week's Supreme Court decision in Brenda Moore v. State, the Lafayette Journal and Courier has an editorial this morning headed "Use common sense to fix law on public intoxication." It concludes:
Attempts to modify the state's public intoxication law have been unsuccessful so far. Let's hope the absence of common sense in this law is brought to state lawmakers' attention because of this ruling. If this is the accurate interpretation of the state's public intoxication law -- and the court said it is -- it's time to amend the law.
Perhaps lawmakers should change the law so that public intoxication can be filed only as a secondary charge to disorderly conduct, battery or drunken driving.
This would be keeping with the spirit that laws should protect people from being harmed by others.
Disorderly conduct harms the peace and tranquility of those in the area. Battery harms the person who has been offensively touched, and drunken driving risks the lives of every motorist the impaired driver passes.
Police shouldn't be allowed to cart people off to jail just because an otherwise cooperative, law-abiding person has been drinking. But according to the Indiana Supreme Court, it's OK to do so in Indiana.
Posted by Marcia Oddi on July 5, 2011 08:16 AM
Posted to Ind. Sup.Ct. Decisions