OWI

DUI refusal requires retest after insufficient sample

June 1, 2017
Olivia Covington
Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.
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Indiana officer plans insanity defense in hit-and-run crash

May 17, 2017
 Associated Press
Court records show a suspended Lake County, Indiana, sheriff's officer charged in a hit-and-run crash after last year's Gary Air Show plans an insanity defense.
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Supreme Court: ‘remoteness’ of prior conviction doesn’t affect admissibility

May 11, 2017
Olivia Covington
Determining that the “remoteness” of a prior offense does not affect the admissibility of evidence at trial, the Indiana Supreme Court has affirmed the award of roughly $2 million in compensatory and punitive damages to a man injured by a drunk driver.
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OWI charge vacated on double jeopardy concerns

April 27, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
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COA reduces woman’s OWI conviction, orders new hearing on fees

April 19, 2017
Jennifer Nelson
A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.
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COA reverses stay of man’s driving suspension

April 11, 2017
Olivia Covington
A northern Indiana man whose driving privileges were suspended for a variety of driving-related offenses, including operating while intoxicated, cannot have those suspensions stayed after the Indiana Court of Appeals ruled Tuesday that such a stay is contrary to state law.
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Justices reverse suppression of man’s admission to driving under the influence

March 3, 2017
Olivia Covington
The Indiana Supreme Court has reversed a motion to suppress evidence of a man’s admission to driving under the influence at a sobriety checkpoint, holding that the brief and public nature of the checkpoint did not require police officers to give the man a Miranda warning.
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Attorney suspended after OWI conviction

February 27, 2017
IL Staff
The Indiana Supreme Court has suspended an Indianapolis attorney who pleaded guilty to drunken driving and resisting police.
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Police: Driver in double fatal Tesla crash was intoxicated

February 8, 2017
 Associated Press, IL Staff
The driver of a speeding Tesla electric car that crashed and burned in Indianapolis, killing her and a passenger, was too drunk to drive, according to a police report released Wednesday. The two worked at a company that provides case management software for plaintiff attorneys.
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COA: Restitution must be based on value of damaged car, not upgraded vehicle

January 25, 2017
Olivia Covington
Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.
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Justices take appeal from HHGregg managers denied bonus proceeds

January 24, 2017
Dave Stafford
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
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COA rejects woman’s claim that accident occurred outside chemical test period

January 18, 2017
A woman who drove drunk into a mobile home causing significant damage lost her appeal Wednesday after arguing the state’s blood draw occurred outside the three-hour window under statute and thus did not prove her blood alcohol level at the time of the accident.
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Electronic copies of warrants are equal to paper copies

January 17, 2017
Olivia Covington
An electronic version of a signed search warrant is legally considered the equivalent of a paper warrant, the Indiana Court of Appeals has held, so a man’s constitutional rights were not violated when an officer drew his blood after showing him only a photo of a warrant in an email.
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Senior judge faces discipline for OWI

January 4, 2017
IL Staff
A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Meth conviction reversed over toxicology authentication

November 10, 2016
IL Staff
The Indiana Court of Appeals has reversed a man’s conviction of operating a vehicle with meth in his blood and subsequently causing death after finding that the state failed to authenticate the toxicology report that found traces of drug in his blood sample.
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COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
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Supreme Court prohibits legal practice for 4 attorneys

October 10, 2016
IL Staff
Four Indiana attorneys can no longer practice law in the state after the Indiana Supreme Court decided on four disciplinary cases late last week.
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Justices consider rights of privacy vs. public safety in 4th Amendment case

October 6, 2016
Olivia Covington
At the center of an Indiana Supreme Court oral argument Thursday was the question of when exigent circumstances and an officer’s community caretaker role trump a citizen’s right to protection from unlawful searches and seizures under the Fourth Amendment.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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Justices: Refusal to submit to chemical test depends on circumstances of each case

August 23, 2016
Jennifer Nelson
The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.
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COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
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Senior judge faces discipline case for OWI, alleged cover-up bid

July 15, 2016
Dave Stafford
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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