Annette Pittman v. State of Indiana
971 N.E.2d 147
Ind. Ct. App.2012Background
- Pittman was convicted of Public Intoxication, a class B misdemeanor, following a bench trial in Marion Superior Court.
- At about 3 a.m. on May 7, 2011, Officer Craney responded to a gas station dispute involving Pittman.
- Pittman asked to use a telephone; after permission was denied, she refused to leave the station.
- Officer Craney observed slurred speech, unsteady balance, and smelled a strong odor of alcohol on Pittman’s breath.
- Pittman was placed under arrest for public intoxication and transported to the county jail.
- Pittman argued the State failed to comply with IC 12-23-15-2 by not evaluating nonalcoholic factors contributing to intoxication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IC 12-23-15-2 requires evaluation for nonalcoholic factors | Pittman argues the statute requires evaluation for nonalcoholic factors. | Pittman contends no additional testing was necessary; evaluation sufficed. | Statute satisfied; no mandatory medical testing required. |
Key Cases Cited
- Parker v. State, 530 N.E.2d 128 (Ind. Ct. App. 1988) (statutory evaluation not require chemical tests; focus on available evaluation)
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for sufficiency review; reweighing not allowed)
- Turner v. State, 953 N.E.2d 1039 (Ind. 2011) (credibility and weighing of evidence not for appellate re-evaluation)