Moore v. State
2011 Ind. LEXIS 565
| Ind. | 2011Background
- Moore was convicted in a Indiana public intoxication case, a Class B misdemeanor, after a sobriety-related incident in a stopped car on East 13th Street, Indianapolis.
- An officer stopped the vehicle due to a defective license plate light; Moore admitted intoxication and could not walk properly, but she had allowed a sober friend to drive.
- The defense challenged the conviction on public policy and constitutional grounds, arguing it violated the statute's spirit and her right to choose beverages.
- The trial court sentenced Moore to 180 days, suspended, with credit for three days served; the Court of Appeals reversed, and the Supreme Court granted transfer to resolve conflicts.
- The Supreme Court affirmed Moore's conviction, rejecting arguments that the statute should be applied with public policy exemptions or that it infringed Indiana constitutional rights to consume alcohol.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the conviction violate public policy? | Moore argues the statute should not penalize responsible behavior. | Moore argues public policy should excuse this conduct. | No; public policy arguments do not reverse the conviction. |
| Does the conviction violate the right to consume alcoholic beverages under the Indiana Constitution? | Moore asserts a constitutional protection over beverage choice. | The statute penalizes conduct after consumption, not beverage choice. | No; the public intoxication statute does not violate personal liberty rights. |
Key Cases Cited
- Miles v. State, 247 Ind. 423, 216 N.E.2d 847 (1966) (public place for purposes of public intoxication statute (highway-side parked scenario))
- Herman v. State, 8 Ind. 545 (1855) (liberty pursuit of happiness involved in beverage choice; not controlling today)
- Smith v. Cincinnati Ins. Co., 790 N.E.2d 460 (Ind. 2003) (public policy/intent to keep intoxicated from operating vehicles; strong public interest)
- Jones v. State, 881 N.E.2d 1095 (Ind.Ct.App. 2008) (reversing in private-property parked intoxication case; policy to encourage sober driving)
- State v. Sevier, 117 Ind. 338, 20 N.E. 245 (1889) (purpose of public intoxication statute to protect public from annoyance)