State v. Laker
2010 Ind. App. LEXIS 2495
| Ind. Ct. App. | 2010Background
- Laker towed a Lexus with a Massey Ferguson tractor after a wreck; police noted no driver's license and suspended driving privileges; BAC was .10 and Laker had a prior OWI.
- State charged Laker with four counts: driving while suspended (Count I), OWI with alcohol concentration (Count II), operating while intoxicated (Count III), and prior OWI enhancement (Count IV).
- Charging documents and officer affidavits described the vehicle as a farm tractor, though initial reports mentioned a Lexus.
- Trial court dismissed all counts, holding tractor could not support driving-while-suspended or OWI offenses.
- State appealed, arguing the tractor-based charges were cognizable, and the court examined whether a tractor qualifies as a motor vehicle or vehicle for purposes of statutes at issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a farm tractor sustain a charge of driving while suspended? | Laker's operation of the tractor fits the charged offenses based on suspension statutes. | A farm tractor is not a motor vehicle for purposes of the suspended-license statute. | No; tractor cannot support driving-while-suspended charge. |
| Can a farm tractor sustain a charge of operating while intoxicated? | OWI applies to any vehicle used on a highway, including a tractor. | OWI requires a vehicle within the statutory definition, which may exclude tractors depending on wording. | Yes; tractor may sustain OWI charges; the trial court erred in dismissing Counts II–IV. |
Key Cases Cited
- Gebhard v. State, 459 N.E.2d 58 (Ind.Ct.App.1984) (information must allege facts constituting the offense with sufficient certainty)
- Griffin v. State, 439 N.E.2d 160 (Ind. 1982) (statutory descriptions require sufficient factual detail in charging information)
- Patterson v. State, 495 N.E.2d 714 (Ind.1986) (probable cause affidavits may supplement charging information for notice)
- Isaacs v. State, 794 N.E.2d 1120 (Ind.Ct.App.2003) (addressed sufficiency of charging when facts may not constitute offense)
- Loveless v. State, 705 N.E.2d 223 (Ind.Ct.App.1999) (OWI can attach to motorized devices not excluded from 'vehicle' definition)
- State v. Manuwal, 904 N.E.2d 657 (Ind.2009) (OWI statutes apply to all-terrain vehicles; tractor context considered)