Outlaw v. State, 49A02-0904-CR-340
2nd Dist., 12-18-09, Ind.App.
Attorney: Barbara J. Simmons
Holding: State is required to submit proof of “endangerment” that goes beyond mere intoxication to obtain a conviction for Class A misdemeanor OWI. I.C. 9-30-5-2(b) requires State to prove beyond a reasonable doubt that Defendant “operate[d] a vehicle while intoxicated…in a manner that endangere[d] a person.” Here, State failed to present any evidence on the element of endangerment, which is necessary to elevate the conviction from a Class C to a Class A misdemeanor. The element of endangerment can be established by showing that Defendant’s condition or operating manner could have endangered any person, including the public, the police, or Defendant. Staley v. State, 895 N.E.2d 1245 (Ind.Ct.App. 2008). Evidence Defendant was intoxicated cannot prove additional element of endangerment. Held, conviction reversed.
See also: Vanderlinden v. State, No. 49A02-0905-CR-417 (Ind.Ct.App. Dec. 18, 2009) (by definition, the current version of Class A misdemeanor OWI statute requires more than intoxication to prove endangerment; here, Defendant’s excessive speed, regardless of driving conditions or her proximity of others, was sufficient to prove endangerment).
