Ex-IMPD officer Bisard to serve 13 years
Former Indianapolis Metropolitan Police Department officer David Bisard will serve 13 years in prison for his convictions in a fatal drunken-driving crash.
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Commitment statute not unconstitutional as applied to man with brain injury
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.
Jury finds IMPD officer guilty on all 9 counts
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.
IMPD officer Bisard trial begins in Fort Wayne
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.
Drunken driving conviction affirmed; tipster’s observations reasonable cause
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.
Supreme Court takes closer reading of precedent in affirming post-conviction relief
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.
Charge dismissed in error negates felony DUI enhancement
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.
Hole in tail lamp no cause for traffic stop, appeals panel rules
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.
Hamilton County attorney drunken-driving charges include a felony
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.
Attorney faces 2 drunken-driving charges
A Barnes & Thornburg LLP attorney was arrested over the weekend on suspicion of drunken driving in Hamilton County.
Man ineligible to bring belated appeal
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.
Officer had probable cause to believe defendant drove while drunk
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.
Convicted ex-coroner hits Brizzi with legal malpractice suit
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.
Officer pleads not guilty to new drunken-driving charges
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.
Indianapolis officer faces more drunken-driving charges
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.
COA: Driving to avoid potholes isn’t enough to stop car
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.
Court of Appeals rethinks previous opinion on traffic stops
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.
Judges affirm restitution order, sentence following deadly crash
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.
COA rules trial court cannot exceed scope of plea agreement
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.
Toxicology lab witness’s failure to appear dooms drunken-driving conviction
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.