OWI

High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Indiana State Police to investigate missing court records

June 2, 2016
 Associated Press
Indiana State Police plans to investigate why Lake Station City Court failed to report license restrictions to the Indiana Bureau of Motor Vehicles, according to an official with the agency.
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Scientific basis for laws on marijuana, driving questioned

May 10, 2016
 Associated Press
Six states that allow marijuana use have legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation's largest automobile club that calls for scrapping those laws.
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Justices toss driving convictions due to delays

April 28, 2016
Scott Roberts
The Indiana Supreme Court ruled a man who was convicted of four driving offenses should have his case dismissed because the prosecution did not bring him to trial in time while he was in prison for a separate conviction.
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COA changes sentence for drunk woman who hit a man with her car

March 23, 2016
Scott Roberts
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
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COA rejects BMV’s request for relief from judgment

February 4, 2016
Jennifer Nelson
The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.
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COA: CDL holder cannot enter diversion program for alcohol offenses

February 2, 2016
Jennifer Nelson
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
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Adoption records, gun licensing reform bills to be heard this week

January 11, 2016
Dave Stafford
Hoosier adoptees will make a new push for access to their birth records, beginning with a hearing in the Senate Judiciary Committee Wednesday.
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Officials: 'Affluenza' teen, mother detained in Mexico

December 29, 2015
 Associated Press
A sheriff in Dallas said Tuesday an arrest warrant will be issued for a Texas woman who was found with her son in Mexico, a teenager on probation after killing four people in a drunken-driving wreck and invoking an "affluenza" defense
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COA: Breath test properly admitted

December 21, 2015
Jennifer Nelson
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
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Temporary tag in rear window gets conviction tossed

November 13, 2015
Marilyn Odendahl
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
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New York conviction doesn’t support Indiana charges

November 10, 2015
Jennifer Nelson
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Judges split 3 ways on motorist’s ambiguous response to DUI test

September 24, 2015
Dave Stafford
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Evidence properly admitted in OWI trial

March 19, 2015
Jennifer Nelson
Evidence discovered after law enforcement approached an intoxicated man’s minivan parked in a driveway was properly admitted at his trial over the defendant’s objections, the Indiana Court of Appeals affirmed, finding no violations of the U.S. or state constitutions.
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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

March 4, 2015
Jennifer Nelson
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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Drunken-driving conviction upheld for motorist parked at courthouse

December 24, 2014
Dave Stafford
A woman who was intoxicated while she attended to business at the courthouse in Crawfordsville lost her appeal of a felony drunken-driving conviction Wednesday.
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Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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JQC files charges against judge following OWI arrest in Kentucky

September 30, 2014
Jennifer Nelson
The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.
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COA re-evaluates public intox opinion in light of Thang, but still affirms

September 4, 2014
Jennifer Nelson
An Indiana Supreme Court decision regarding public intoxication has impacted a decision issued by the Court of Appeals three weeks earlier, but the judges still concluded a woman’s public intoxication conviction cannot stand.
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Man waited too long to ask for return of cash bond

August 29, 2014
Jennifer Nelson
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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