I understand why many would "conclude" that RL might be an alcoholic based on the number of times he ahs been arrested and all the consequences thereof but here is what I think is an important thing to determine (forgive me if this is a repeat question):
Has RL, at any time, been ordered by the court to enter a rehab facility as part of his "sentence" or probationary conditions? Even a stint of say, 30 days?
I think this is important as it might give clarity as to how the court sees his tendancy to drink and drive. If the court has not required rehab then does it stand to reason that the court does not have enough evidence to declare him "alcoholic" and therefore require that of him?
GGE, are you on?
looks like treatment was ordered twice. unclear for how long:
(from Vine.com ,
https://public.courts.in.gov/mycase...UWXdNRGN4TnpFeE1qTXdPakUxTWprd05EVXhOVGs9In19
10/8/2014 Hearing Journal Entry
The State of Indiana appears by Jerry Bean, Deputy Prosecuting Attorney. The defendant appears in person and by Andrew Achey, attorney. The defendant is in the custody of the Sheriff of Carroll County. The defendant has previously entered a plea of guilty to the following: Amended Count I, Operating a Vehicle with a BAC of .08 or Greater, a Class D Felony. Sentencing hearing is held. The court accepts the plea agreement and finds the defendant guilty of the crimes to which he has entered his plea of guilty. It is ordered and adjudged that the defendant is 75 years of age. The court enters judgment of conviction and sentences the defendant as follows: Count I-2 years sentence; 2 years suspended; 2 years probation; 0 fine. The sentence(s) shall be served in the Indiana Department of Correction. The sentences shall run consecutively to 08D01-1312-FD-107. The defendant's probation shall be supervised. The terms of probation are set forth in the Order on Probation and include the following: waiver of 4th amendment rights against search and seizure;
participation in a drug and alcohol program at mental health and substance abuse evaluation; initial probation users fee in the sum of $100 and monthly probation users fee in the sum of $30; $100.00 probation administrative fee; no criminal violations; and no alcohol consumption. In determining the sentence imposed, the court considered the following aggravating circumstances: The defendant has recently violated the conditions of any probation, parole, or pardon granted him. The defendant has a history of criminal activity. In determining the sentence to impose, the court considered the following mitigating circumstances: Imprisonment of the defendant will result in undue hardship to the defendant or the defendant's dependents. The defendant has pled guilty and taken responsibility for his crime. Non-Statutory Mitigating: Remorse. The defendant has a diploma, college, and served his country in the military. The aggravating circumstances outweigh the mitigating circumstances. The court recommends that the defendant's driving privileges be suspended for 2 years. The court imposes court costs in the sum of $368.50 all to be paid to Clerk within 90 days. Count II, Count III, Count IV, Count V and Count VI are dismissed upon motion of the State of Indiana. The defendant is remanded to the custody of the Sheriff of Carroll County. C:State,Probation,CCSD,Achey,RJO10/27/14tsm
(Judge Fouts)
(from Vine.com
https://public.courts.in.gov/mycase...HVXdNRGN4TnpFeE1qTXdPamcxT1RFMk1qZGxNQT09In19
6/14/2011 Order Issued
The State of Indiana appears by Jerry J. Bean, Deputy Prosecuting Attorney. The defendant appears in person and by Steven Knecht`, attorney. The defendant is advised of his right to counsel and of his constitutional and statutory rights, the charges against him, and the possible penalties. Defendant files Misdemeanor Written Advisement and Waiver Of Rights. The State of Indiana and the defendant advise the Court that the defendant has entered into a plea agreement with the State of Indiana. The Court is advised of the terms of the plea agreement. The Defendant, pursuant to the plea agreement, pleads guilty to the following charge(s): Count II, Operating a Vehicle with an Alcohol Concentration Equivalent to at least .08 but less than .15. The Court finds that the defendant understands the nature of the charges against him to which he has pled guilty, that he understands the possible sentences and fine, that his plea of guilty was freely and voluntarily made, that the plea is accurate, and that there is a factual basis for the plea of guilty. Sentencing hearing is held. The court accepts the plea agreement and finds the defendant guilty of the crimes to which he has entered his plea of guilty. It is ordered and adjudged that the defendant is 71 years of age. The court enters judgment of conviction and sentences the defendant as follows: Count II: 60 days, suspended and one year probation. The sentence(s) shall be served in the Carroll County Jail. The defendant's probation shall be supervised. The terms of probation are set forth in the Order on Probation and include the following: waiver of 4th amendment rights against search and seizure;
participation in a drug and alcohol program at Wabash Valley Hospital; initial probation users fee in the sum of $25 and monthly probation users fee in the sum of $10; probation administrative fee of $50.00; no criminal violations; and no alcohol consumption. The court recommends that the defendant's driving privileges be suspended for 90 days retroactive to January 6, 2011. The court imposes court costs in the sum of $364.50 all to be paid to Clerk within 90 days. Count I: Operating a vehicle while intoxicated endangering a person is dismissed upon motion of the State of Indiana. C: RJO, Knecht, State, WVO, Prob., CCSD 6/14/11 dad
(Judge Fouts)
