OWI

Commitment statute not unconstitutional as applied to man with brain injury

November 26, 2013
Jennifer Nelson
A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.
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Jury finds IMPD officer guilty on all 9 counts

November 5, 2013
Jennifer Nelson
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
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IMPD officer Bisard trial begins in Fort Wayne

October 14, 2013
Jennifer Nelson
Jury selection began Monday in the trial of an Indianapolis Metropolitan Police Department officer accused of driving while intoxicated, leading to an accident that killed one motorcyclist and injured two others in 2010. David Bisard’s trial was moved to Allen County due to pre-trial publicity.
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Drunken driving conviction affirmed; tipster’s observations reasonable cause

September 12, 2013
Dave Stafford
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
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Supreme Court takes closer reading of precedent in affirming post-conviction relief

August 28, 2013
Marilyn Odendahl
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Hole in tail lamp no cause for traffic stop, appeals panel rules

August 5, 2013
Dave Stafford
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
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Hamilton County attorney drunken-driving charges include a felony

July 12, 2013
IL Staff
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
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Attorney faces 2 drunken-driving charges

July 9, 2013
IL Staff

A Barnes & Thornburg LLP attorney was arrested over the weekend on suspicion of drunken driving in Hamilton County.

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Man ineligible to bring belated appeal

May 30, 2013
Jennifer Nelson
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
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Officer had probable cause to believe defendant drove while drunk

May 24, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.
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Convicted ex-coroner hits Brizzi with legal malpractice suit

May 23, 2013
Dave Stafford
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.
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Officer pleads not guilty to new drunken-driving charges

May 1, 2013
IL Staff
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
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Indianapolis officer faces more drunken-driving charges

April 30, 2013
IL Staff
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
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COA: Driving to avoid potholes isn’t enough to stop car

April 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
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Court of Appeals rethinks previous opinion on traffic stops

April 23, 2013
Marilyn Odendahl
Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
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Judges affirm restitution order, sentence following deadly crash

April 15, 2013
Jennifer Nelson
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
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COA rules trial court cannot exceed scope of plea agreement

April 9, 2013
Marilyn Odendahl
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
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Toxicology lab witness’s failure to appear dooms drunken-driving conviction

April 8, 2013
Dave Stafford
A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Indianapolis police officer’s trial moved to Allen County

February 15, 2013
IL Staff
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
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In affirming DUI on appeal, judges include predictive warning

February 11, 2013
Dave Stafford
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
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Floyd County attorney charged with drunken driving

February 11, 2013
Dave Stafford
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
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Judges uphold sentence, but revise original opinion

February 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
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Traffic stop based on companion’s statement did not violate constitutional protections

January 2, 2013
Marilyn Odendahl
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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