The Most Common Arrests at the Indy 500

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Posted in On May 25, 2015

Indianapolis Criminal Defense Attorney Blog:  Top Ten Things That Will Get You Arrested at the Indy 500

Every race season, there are a number of arrests that come out of the Indy 500. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a closer look.

  1. Minor Consumption of Alcohol:  The Speedway is a tradition.  For many that tradition begins when they are a kid.  One of the largest traditions of the Indy 500 is drinking alcohol.  Therefore, it is not surprising that high school and college kids that attend the 500 may drink or possess alcohol.  Beware, the Speedway is full of uniformed and plain clothed officers patrolling the “party” areas looking for underage drinkers.  If you are under the age of 21 and drinking or possessing alcohol, you could face being arrested for a class C misdemeanor.
  2. Public Indecency:  Ah, the crime that once defined the “Snakepit”.  Knowingly having sex or other sexual conduct, appearing nude to sexually arouse another, or fondling your own or another’s genitals in a public place.  These all qualify for public indecency and will get you slapped with a class C misdemeanor, or a Level 6 Felony if you have done it before.
  3. Public Nudity: Having sex in public isn’t the only thing that will get you arrested, so will being nude in public.  If you intentionally appear in public nude, with pubic area posterior or female nipples exposed, or a covered penis that is clearly erect then you can be charged with public nudity.  I know what you’re thinking, how can the charge for the covered penis?  It’s in the law, but likely not very enforceable.  A public nudity charge will get you a Class C misdemeanor.  So, all you ladies make sure to keep your shirts tucked in!
  4. Public Intoxication: Ok, so literally half of the race could be arrested for this right?  Not anymore, the law underwent a change some time ago that makes it legal to be intoxicated in public, just as long as you aren’t doing any harm.  To be more specific if you are in a public place and intoxicated, to be arrested you must also either endanger your life or the life of another, breach the peace, or (and yes this is the most likely one) harass, annoy or alarm another person.  If you get a public intoxication at the race then you’re facing a class B misdemeanor.
  5. Possession of Marijuana: If you have been to the Indy 500 then there is a good chance that you have smelled the odor of burnt marijuana.  As of the date of this blog, marijuana is still illegal in Indiana.  If you possess marijuana it is a class B misdemeanor, if you have a prior it goes up to a class A misdemeanor, and if you have a prior and possess at least 30 grams then it rises to a level 6 Felony.
  6. Drunk Driving: Inevitably there are people that drive away from the race after having had too much to drink.  Best tips, have a sober driver or call Uber!  If you drive with a BAC of between .08 to .14 you are facing a class C misdemeanor.  If you are driving at a .15 or higher it is a class A misdemeanor.  If you are driving while intoxicated it’s a class C misdemeanor if you are driving while intoxicated and endanger a person it is a class A misdemeanor.  If you have a prior within 5 years, then it is a level 6 Felony.
  7. Battery: When large numbers of people gather together and drink, it is very common that a little disagreement might happen that leads to a fight.  As long as no one is hurt too bad, a simple battery is a Class B misdemeanor, one commonly charged at the 500.
  8. Disorderly Conduct: This is a “catch all” crime.  Also known as if you are acting like a fool you may be charged with disorderly conduct.  Disorderly conduct includes:  making unreasonable noise after being asked to stop, fighting, or disrupting a lawful assembly.  Many times, when two people engage in fighting, they will both be charged with disorderly conduct.
  9. Resisting Law Enforcement: All too often when someone does something to get arrested at the race, they decide that the police shouldn’t be arresting them.  When they decide to physically act on that thought, they will end up with the added charge of resisting law enforcement.  The two most common types of resist are resisting arrest by force or by fleeing.  Both of these types of common resisting charges will get you a Class A misdemeanor.
  10. Open Container Violation: Technically this is not a crime.  To have an open alcohol container inside of a vehicle is illegal in the state of Indiana.  However, it won’t get you arrested.  If you are caught with an open container, it’s just a Class C infraction, similar to a speeding ticket.

In conclusion, if you have been to Indianapolis for the 500 or any other event for that matter, and you get arrested, these are the 10 most likely crimes.  If you or a loved one has been arrested, contact the Indianapolis Criminal Defense Attorneys at Banks & Brower 24 hours a day 7 days a week at 317-870-0019.  We stand ready to assist you in defending your case.