Elberta N. Jackson v. State of Indiana
2017 Ind. App. LEXIS 18
| Ind. Ct. App. | 2017Background
- At 1:10 a.m. on Jan. 19, 2016, Marion police were dispatched after a silver Buick crashed into an occupied trailer; Jackson had been driving and her passenger remained in the vehicle complaining of inability to feel legs/hips.
- Officers detected alcohol on Jackson’s breath; she admitted drinking at a party, refused a portable breath test and continued to be belligerent, resisted arrest, and was dragged to a squad car.
- A blood-warrant was obtained; blood drawn at 3:14 a.m. showed an ACE (alcohol concentration equivalent) of 0.183.
- Jackson was charged (later amended) with operating with an ACE ≥ 0.15 (Class A misdemeanor), resisting law enforcement (Class A), and disorderly conduct (Class B); criminal mischief charge was dismissed.
- After a bench trial the court found Jackson guilty on Counts I–III and imposed concurrent jail terms and ordered her driving privileges suspended; Jackson appealed challenging sufficiency of evidence tied to timing of the blood draw and a due-process claim related to a two-year administrative license suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports conviction for operating with ACE ≥ 0.15 | State: blood test (0.183) supports conviction and, given the crash facts and 1:10 a.m. dispatch, it is reasonable to infer operation within 3-hour window | Jackson: State failed to prove vehicle was operated within 3 hours of blood draw, so statutory presumption tying test result to time of driving does not apply | Affirmed — court found circumstantial evidence (crash, occupied trailer, passenger condition, dispatch time) permits inference operation occurred within 3 hours, supporting conviction |
| Whether two-year administrative license suspension violated due process | State: refusal-based administrative suspension procedures under I.C. ch. 9-30-6 apply; Jackson was warned and BMV follows statutory suspension/remedies | Jackson: she had no notice a refusal infraction would be treated to impose two-year suspension and court had no authority to impose penalty for an uncharged infraction | Affirmed — court rejected claim: Jackson was warned of consequences, statutory administrative suspension (including two-year term given prior O.W.I.) and BMV procedures provide notice and remedy; Jackson did not pursue judicial review |
Key Cases Cited
- Jarrell v. State, 852 N.E.2d 1022 (Ind. Ct. App. 2006) (standard for reviewing sufficiency and application of statutory presumption from chemical tests)
- Allman v. State, 728 N.E.2d 230 (Ind. Ct. App. 2000) (blood-test admissibility and limits of presumption when time of operation is not shown)
- Mordacq v. State, 585 N.E.2d 22 (Ind. Ct. App. 1992) (failure to prove time of operation precludes use of statutory presumption tying test result to time of driving)
- Dorsett v. State, 921 N.E.2d 529 (Ind. Ct. App. 2010) (review considers reasonable inferences from probative evidence)
- Mannix v. State, 54 N.E.3d 1002 (Ind. Ct. App. 2016) (statutory three-hour rule for relating chemical test to time of operation)