Joshua McCaine Pillow v. State of Indiana
2013 Ind. App. LEXIS 187
| Ind. Ct. App. | 2013Background
- Pillow pleaded guilty in 2010 to Class D felony operating a motor vehicle while suspended as an habitual traffic violator, with a plea that included lifetime suspension of driving privileges.
- Ind. Code § 9-30-10-16(c) criminalizes lifetime forfeiture of driving privileges upon conviction under § 9-30-10-16.
- On July 8, 2011, Pillow was stopped for driving with headlights off; he acknowledged his license was suspended and was arrested for operating as an habitual traffic violator.
- The State charged Pillow with Class C felony operating a motor vehicle after lifetime suspension; Pillow moved to dismiss alleging no lifetime forfeiture appeared in records; trial court denied, and Pillow was convicted as Class C felony.
- The issue on appeal was whether sufficient evidence established Pillow’s driving privileges were forfeited for life; the court affirmed, holding knowledge of lifetime forfeiture was not required and BMV record did not control the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for life forfeiture conviction | Pillow | Pillow | Conviction affirmed; evidence supported life forfeiture and no knowledge required. |
Key Cases Cited
- Lock v. State, 971 N.E.2d 71 (Ind. 2012) (strict liability for §9-30-10-17; no knowledge required)
- Brock v. State, 955 N.E.2d 195 (Ind. 2011) (knowledge not required; strict liability interpretation)
- State v. Vankirk, 955 N.E.2d 765 (Ind. Ct. App. 2011) (BMV record not controlling when statute mandates lifetime forfeiture)