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.
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.
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.
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.
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.
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.
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.
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.
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
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.
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.
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.
The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.