New Violation Code in ASPEN - 392.5A2
| Entry Date | March 18, 2016 |
|---|---|
| Issue Number | 16-013-INFO |
| Name | Kimberly J. Judge |
| Agency | Indiana State Police |
| Address | 7811 Milhouse Rd. Suite S.Indianpolis, IN, 46241United StatesMap It (opens in a new tab) |
| Phone | 317-615-7373 |
| [email protected] | |
| Committee | Information Systems Committee |
| Status | Closed |
| Summary of Issue | Currently the only alcohol related violations that can be entered in ASPEN: 392.5A- Driver consuming an intoxicating beverage within 4 hours before operating a motor vehicle, and 392.5A3-Driver in possession of intoxicating beverage while on duty or driving. The more common violation that our officers encounter is 392.5A2-Under the influence of an intoxicating beverage regardless of its alcohol content, or have any measured alcohol concentration or any detected presence of alcohol while on duty, or operating or in physical control of a motor vehicle. |
| Justification or Need | We recently updated our Electronic Citation/Warning System (ECWS) to include 392.5A2. This was necessary as some of our local courts were becoming increasingly reluctant to file 392.5A (which is our best option at the moment) because proving that the driver actually consumed an alcoholic beverage within 4 hours of operating a motor vehicle is difficult to do. |
| Request for Action | Please add the violation of 392.5A2-Under the influence of an intoxicating beverage regardless of its alcohol content, or have any measured alcohol concentration or any detected presence of alcohol while on duty, or operating or in physical control of a motor vehicle to ASPEN. This will make ASPEN consistent with ECWS. And again, it is encountered much more frequently by our officers and is easier to prove. |