Misty S. Fuller


Age: 33

Arrested: Feb. 2 at 2:23 a.m.

Charge: Operating after being habitual traffic offender (level 6 felony), resisting law enforcement def. knowingly or intentionally forcibly resists (class a misdemeanor), leaving scene of an accident def. crashes into an unattended car or other (class b misdemeanor), operating a vehicle while intoxicated (class c misdemeanor)

Address: 501 Maxwell Avenue, Evansville

Attorney: John Brinson, retained

Status of Case:

  • Feb. 8 (initial hearing): Bond set at $5,000 cash or $50,000 surety. Deft. Not to drink or drive. Defendant request time to hire counsel. Court grants request and enter a preliminary plea of not guilty on behalf of the defendant.
  • Feb. 24 (review hearing): reset to Feb. 27
  • Feb. 27: Court approves John Brisnon’s oral motion for attorney lien on the defendant’s bond.
  • March 28 (review hearing): Defendant fails to appear for review hearing. Defense counsel was not able to reach Fuller by telephone. Hearing reset to notify defendant.
  • April 4 (hearing): Fuller fails to appear. Attorney Brinson said she had transportation problems. Defendant’s last continuance.
  • April 12 (hearing): rescheduled
  • May 17 (hearing): reset
  • June 28 (hearing): Court informed defendant is in custody on another matter. Reassigned to different judge.Court enters a preliminary plea of not guilty.
  • July 5 (hearing): Reset … Release on own recognizance. As a condition of bond, upon her release, defendant is to report to probation department and be placed on DAPS. Defendant is ordered to not drink or drive.
  • July 18: Order issuing a warrant for arrest. Court orders a no bond bench warrant for the defendant’s petition to revoke filed July 18.
  • July 24 (hearing on violation): rescheduled
  • July 25 (hearing): Counsel requests the defendant to be release and be placed at Brentwood for treatment. Court denies it.
  • Aug. 10 (hearing): Court ordered the defendant to be evaluated for treatment court.
  • Aug. 24 (hearing):

DUI History:

December 2001: Illegal consumption of alcohol beverage (class c misdemeanor), pleaded guilty, sentenced to 10 days VCJ executed, execution of sentence stayed and judgment of conviction withheld until 5/16/2002 at which time cause to be DMOS upon competition of youth alcohol program of this court. Failed to comply with YAP (may 2002), deft. Terminated from YAP program (June 2002), Deft. Completed YAP (May 2003)

September 2003: Illegal consumption of alcohol beverage (class c misdemeanor), pleads guilty, fined$10 and costs, 90 days VCJ suspended on the condition the deft perform 16 hours CWP, license suspended 90 days

April 2004: OMVWI 15 % or greater (class a misdemeanor), sent to DADS, count I dismissed for the reason deft. Has successfully completed DADS

July 2004:  driving while license suspended (class a misdemeanor)

October 2011: Driving while suspended (class a misdemeanor), guilty, 90-day license suspension, 180 day probation, 40 hour community service, jail 180 day with 2 day credit, remaining time suspended. Dubois County

October 2014: Operating vehicle after being HTO (habitual traffic offender), (level 6 felony), pleads guilty – Judgment of conviction is withheld with this cause to be dismissed upon successful completion of pre-trial diversion program.

Tags: , , ,