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Lawyer gets 30-day suspension after second OWI plea

March 12, 2018

A Hamilton County attorney has been suspended for 30 days after pleading guilty to her second drunken driving charge in less than a year, according to court records.

Robin L. Kelly was suspended for 90 days, but she will be suspended for just 30 days subject to completion of probation and at least two years of monitoring by the Judges and Lawyers Assistance Program. The agreement was spelled out in an Indiana Supreme Court order posted Friday evening.

The order notes that Kelly pleaded guilty in Miami County in May 2017 to Class A misdemeanor operating a vehicle while intoxicated with a blood alcohol level of at least 0.15 percent. Court records show less than six months earlier, Kelly had pleaded guilty in Hamilton County to misdemeanor OWI with at least 0.15 percent blood alcohol. She was on probation in Hamilton County at the time of her arrest in Miami County.

Before pleading to a second misdemeanor drunken-driving count in less than a year, Kelly initially had been charged with a felony OWI count after her arrest in March 2017, according to the Miami County prosecutor’s office. Under IC 9-30-5-3, repeat drunken driving charges within five years are enhanced to felonies. The Miami County prosecutor’s office said the felony charge against Kelly had been dismissed.  

Kelly “was ordered to actively serve 100 days in the Hamilton County Jail, and upon her release was ordered to comply with amended terms of probation that included, among other things, thrice daily monitoring via a Sober Links alcohol detection device,” the Supreme Court wrote in its suspension order that approved a statement of circumstances and conditional agreement for discipline.

“As a result of her second conviction, Respondent’s driving is restricted by an ignition interlock device that requires her to pass a breathalyzer test to start her car and pass ‘rolling tests’ while she is driving the car,” the order says.

Kelly must abstain from alcohol and mind-altering substances and may petition to terminate her law practice probation after successful completion of her JLAP monitoring agreement, according to the Supreme Court order.

 

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