Baird v. State
2011 Ind. App. LEXIS 1826
| Ind. Ct. App. | 2011Background
- Officer stopped a three-wheeled vehicle described as a moped-motorcycle traveling about 30–40 mph with no license plate or insurance.
- Baird presented a title listing low speed specs and a manual claiming a 60 mph top speed, contradicting the title’s stated maximum of 25 mph.
- Baird acknowledged capability to reach higher speeds but claimed she never traveled that fast; the vehicle’s horsepower and cylinder specs were disputed.
- Baird was operating with a suspended license, no plate, and no insurance at the time of stop.
- The State charged four offenses: driving with suspended license (Class A misdemeanor); operating a motor vehicle without financial responsibility (Class A traffic infraction); failure to register (Class C); and failure to have a motorcycle endorsement (Class C).
- After a bench trial, the court convicted on all counts and suspended Baird’s license for 180 days; the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to classify vehicle as motor vehicle/motorcycle | Baird challenges whether the vehicle is a motor vehicle or motorcycle, not a motorized bicycle. | State argues the vehicle is a motor vehicle and a motorcycle, supporting all related infractions. | Evidence supports vehicle as a motorcycle and thus a motor vehicle for infractions. |
| Modification to lesser offense for driving while suspended | State concedes insufficient element-specific proof for the prior violation but seeks modification only. | Baird argues conviction stands as charged; no modification requested. | Conviction reversed and remanded to enter the lesser offense of driving while suspended (Class A infraction). |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind.2007) (standard for sufficiency review: weigh probative evidence in favor of the verdict)
- Wright v. State, 828 N.E.2d 904 (Ind.2005) (sanity of appellate weighing of conflicting evidence)
- Trotter v. State, 838 N.E.2d 553 (Ind.Ct.App.2005) (lesser included offenses where supported by elements)
- Lane v. State, 372 N.E.2d 1223 (Ind.1978) (establishing lesser included offense framework)
- State v. Drubert, 686 N.E.2d 918 (Ind.Ct.App.1997) (motorized bicycle interplay with driver’s license statute)