Indiana Code 7.1-5-1-6.6. Dismissal of public intoxication or illegal possession charges
(1) arrested for a violation of:
Terms Used In Indiana Code 7.1-5-1-6.6
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
(B) section 6 of this chapter if the offense involved the person being, or becoming, intoxicated as a result of the person’s use of alcohol; or
(C) IC 7.1-5-7-7; and
(2) whose arrest was facilitated because another person reported that the person appeared to be in need of medical assistance due to the use of alcohol.
(b) If a person described in subsection (a):
(1) does not have a prior conviction for an offense described in subsection (a);
(2) pleads guilty to an offense described in subsection (a); and
(3) agrees to be placed in the custody of the court;
the court, without entering a judgment of conviction, shall defer further proceedings and place the person in the custody of the court under conditions determined by the court.
(c) If the person placed in the custody of the court violates the conditions of custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against the person.
(d) There may be only one (1) dismissal under this section with respect to a person.
As added by P.L.156-2014, SEC.3.