Included below are updated snippets that will link to more comprehensive discussion as to the topics stated below. To the left margin you will find the blogs categorized by year and listed in chronological order. I hope you find the information helpful in understanding how recent events can play a large role in how dui cases are defended in the state of Indiana and elsewhere.
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Clarifications Of Indiana DUI Laws For Lawyers And Non Lawyers Alike
Within the last few years I have dealt with several cases where client’s were not served well by inexperienced attorneys taking on a dui prosecution in two specific areas: 1.) options for one’s drivers license when a refusal to submit to a breath test or blood draw has been alleged and 2.) whether one with […]
DUI Enforcement In A Covid World
The number of arrests for dui in Indiana has decreased significantly since the onset of the Covid virus within our borders. The reasons for these decreases are varied. Most notably, stay at home orders have forcibly cleared our roadways of automobiles. Further, the closure of small businesses including restaurants, bars and other entertainment venues has […]
Indiana DUI OWI Arrests On Private Property
The issue of whether a lawful owi arrest can take place upon a person’s private property is of considerable confusion to citizens throughout the United States. What makes the subject even more difficult to understand is that the answer may differ depending upon what state a citizen resides within. As a general rule of thumb, […]
Changes To Indiana OWI/DUI Laws Broadening Reach Of Felony Prosecutions
A few months back a significant new law took effect in Indiana that could have a major impact on the punishments available to many individuals with past impaired driving offenses. The new law contained within Indiana statutes related to owi/dui offenses now allows state prosecutors the ability to charge individuals with a felony if one […]
Recent Decision Limiting Scope Of Inventory Searches
As a defense attorney, one of the most questionable law enforcement tactics during the course of real time arrests is the nature by which supposed evidence is acquired. Many people have been educated as to constitutional restraints against police search and seizure toward our respective citizens. Consequently, in my sphere of defense practice it has […]
Successful Results Are In The Details
Far too many lawyers are reluctant to expend the time or energy probing how existing laws can be challenged to defeat pending cases. However, the successful representation of clients is based upon these very details that can be unearthed from a pre trial discovery investigation. Although many pre trial dismissals are secured by more “exciting” […]
Recent Case Dismissal Underscores Need To Attack Circumstantial Evidence Within DUI Prosecutions
In my experience as a defense lawyer, I believe that not all evidence is the same when either a judge or jury is asked to render a criminal judgement against a fellow citizen. Most people not trained in law have become accustomed to what they have watched on television in regard to the strong evidence […]
How Traffic Enforcement Has Often Become Counter Productive To The Public Welfare.
As an attorney I cannot state how often I listen to neighbors express their frustrations in regard to the amount of police activity seemingly directed at minor traffic violations when nothing appears to be done at curtailing home break ins or other forcible felonies on the rise throughout Indiana. When my community was annexed, one […]
New Indiana AG Election Results Endorse Pro Incarceration Policies
Nationwide there has been a recognition that anti drug/alcohol policies that have prioritized incarceration over rehabilitation have not been successful. As a result, no matter a person’s individual stance on the issue, prosecutors throughout America have begun to adapt new methods with which to more pro actively head off increased illicit drug/alcohol activity within their […]
Recent NY Times Article Illustrates Challenges Facing Indiana Defense Lawyers
Recognizing the judicial philosophies and sentencing tendencies of a given judge is one of the most essential understandings that any experienced defense attorney must undertake. Only by knowing the particular worldview of a given judge and/or prosecutor within a community can a defense lawyer be as effective as possible on behalf of a client. Further, […]
Judicial Action To Allow For Arrest Release
One compelling issue of criminal procedure, especially for the individuals affected, has been how to prompt judicial action following an arrest or when courts are not in session. This subject usually becomes a focal point of discussion when addressing the issue of how to get a loved one home as soon as possible from jail […]
The Favoritism Of The Thin Blue Line
The “Thin Blue Line,” is a term used most often among fellow police officers to describe the fragile line they alone are entrusted to enforce; a line separating orderly society from lawlessness. Within most contexts the phrase is one of respect in recognition of the significant sacrifices that honorable members of law enforcement make for […]
American Hero’s Arrest Underscores Low Threshold For DUI
This week the american special forces soldier widely reported to have been the operative who killed Osama Bin Laden was arrested in the state of Montana for an operating vehicle while intoxicated offense. Initial reports are somewhat sketchy. However, the soldier has maintained hs innocence and has affirmatively asserted that he will ultimately be cleared of […]
Unregulated Drivers And The Future Of Public Transportation
The relatively recent tragedy in Michigan stemming from the killing of multiple innocent civilians, allegedly by an Uber driver, has raised many concerns in regard to the safety of this new emerging avenue of public transportation. As an individual providing counsel to those seeking my suggestions as to the safest transportation alternatives where a designated […]
Preventing Extended Traffic Stops Leading To DUI Arrests
Each year certain legal rulings of the United States Supreme Court escape widespread public scrutiny and debate. The release of these legal opinions on many varied issues of the highest importance to the American justice system are often done at one time. As a result, more publicized reporting upon politically charged legal decisions that the […]
The Danger Of Filing A Civil Lawsuit During A Pending Criminal Prosecution
Recently it has been reported that an Indianapolis man accused of murdering a metropolitan police officer has taken the brazen step to initiate a civil suit for damages against the officer he is accused of murdering. The lawsuit seeks monetary damages against the deceased officer claiming that wrongful and excessive force resulted in irreparable injuries […]
Indiana County Traffic Laws Under Judicial Scrutiny
The Indiana Court of Appeals has recently handed down a ruling that has rebuffed the way in which the Carmel Police Department in Hamilton County Indiana has issued traffic tickets to those cited for driving violations within their community. The credit for this judicial involvement goes to the efforts of a citizen who took it […]
Defending Lawyers Targeted For Prosecution
It is always a dangerous precedent when defense lawyers become the target of prosecutorial scrutiny for actions taken in the defense of those charged by those same prosecutors. In order for our criminal justice system to be properly balanced to preserve the rights of individuals against the state, prosecutors must know that they will be […]
Holiday Wishes & Warnings
Once again the new year has reached us. As I wish the best of health and happiness to friends, clients and colleagues within the upcoming year, in my capacity as a defense lawyer I must put on my lawyer hat and use this forum to address some legal issues to be on guard for during […]
Help For Lawyers In Need Of Assistance
Most of my professional contact with my legal colleagues involves answering their questions about the ins and outs of dui defense. However, on some unfortunate occasions other lawyers consult with me as to the legal ramifications that may come to their law licenses because of a criminal arrest based upon alcohol and/or drugs. It is […]
New Law Advantages For Habitual Offense Allegations
Prior to July of this year, draconian criminal penalties and license suspension repercussions in Indiana could often derail the livelihoods of otherwise productive people dealing with recurrent alcohol and/or drug dependency issues. In the form of Habitual Offense penalties, those dealing with alcoholism and drug addictions in many forms were too often left to the […]
Body Cams Potential Role In Future Arrests
In recent months there has been a considerable increase in debate as to the role that body cameras should play in documenting the manner in which criminal suspects are arrested nationwide. As outrage has been generated in the wake of several high profile incidents questioning the credibility of officer testimony, conventional wisdom has been that […]
Motor Vehicle Classifications Subject To Court Jurisdiction
Within the realm of discussion of all traffic offenses is inevitably a focus on driving options. Whether it be for employment, education or other required purposes, people quite understandably want to explore all travel options when either facing or enduring a drivers license suspension. For the purpose of this discussion, the focus will not be […]
Limits of Physician/Patient Privilege In Indiana & Potential Impact On DUI Treatment
It has become common knowledge among many casual observers of the American legal system that certain communications uttered in confidence to designated individuals have become legally protected from public disclosure. The reasons for such enunciated legal principals recognized in various forms within all states is to preserve the confidence of citizens in their ability to […]
National Motorists Association Announces Enlightened Reasoning As To BAC Culpability
When discussing national policy stances in regard to the fundamental elements that can assess impairment, a one size fits all approach to dui punishments is fraught with peril. A justice system founded upon a generalized assessment of criminal penalty without sufficient regard to the individualized circumstances of a given case is both irrational and against […]
Athlete Provides Example Of How Not To Converse During OWI Stop.
Famed NFL quarterback Donovan McNabb was recently the subject of an owi investigation and has unwittingly provided valuable tips to the driving public. While for most the interest in the recorded investigation was the mere fact that a video was released as to the encounter between Mcnabb and police, for me the video recording proved […]
The Perils Of Media Hyperbole Toward A Defendant’s Ability To Secure A Fair Trial
Within the past few weeks, newspapers and media outlets along the Eastern seaboard have been gleefully reporting on a Boston lawyer who advocates on behalf of dui defendants who has himself been charged with boating while intoxicated. The true tragedy in the reported events are the injuries suffered by a young woman who has lost […]
New “Church” A Likely Target Of DUI Enforcement
Within the state of Indiana, the “Religious Freedom Restoration Act,” was enacted ostensibly as a means to allow for those individuals with “sincerely” held religious beliefs to deny services to those to whose practices they reject upon religious grounds. As has been covered sufficiently elsewhere, the suspected true motivation for this Indiana legislation was to […]
Examining Indiana’s Sentencing Principals
A new televised expose is due to be released shortly focusing a spotlight on the Indiana case of Sarah White. Although the criminal conviction in her case was determined in 1976, the lessons of her continued incarceration pose significant questions for those who care to devote their efforts toward true criminal justice reform. Far too […]
Civil Liberties As Related To Fast Food Alcohol Sales
As a democratic society that values civil liberties and the free expression of ideas, an inherent trust is granted to citizens to make the right decisions for themselves; so long as those decisions comply with recognized societal laws. Within the context of everyday justice, citizens who are not not lawyers are entrusted to make ultimate […]
New THC Testing Emerging Directed At Marijuana Within Vehicular Stops
As I had formerly predicted within former blog postings, the inevitable law enforcement response targeting the fertile ground of THC driving arrests has begun to take shape. With prioritized research and development encouraged in the development of mobile Marijuana detection devices capable of withstanding legal challenge, reports are emerging to suggest the imminent release of […]
Hendricks, Boone, Henry County DUI Attorneys Benefiting From New Statute Alterations
With the promulgation of new legal statutes disseminated within each respective legislative session, it is not at all uncommon for legal pundits to analyze both civil and criminal updated rules alterations and surmise the “winners” and “losers” of each debated provision. Within the realm of owi defense, it was initially anticipated that legal statutes targeting […]
Be Mindful Of Your Designated Driver
For years now Mothers Against Drunk Driving and affiliate organizations have been espousing the need to encourage the use of “designated drivers” to curb drunk driving offenses. These stances have been universally accepted and politically expedient to promote among both Democrats and Republicans politicians alike. The promotion of policies to reduce the dangers caused by […]
Should I Decline An Officer’s Request For a Breath/Blood Sample?
One of the most misunderstood aspects of criminal procedural law in Indiana revolves around questions related to breath and/or blood draw samples provided during the course of a criminal investigation. Through the years people coming to me have been understandably confused about the issue due to the consistent and recurring mixed messages provided to them […]
Understanding The Role Of The Appeal Process
Certainty is one of the most fundamental underpinnings of the criminal justice system. Without some modicum of certainty, disorder would have the capability of diminishing the confidence of the general public that our laws could be applied evenhandedly and fairly to all members of the community. During the course of discussion with a client as […]
New License Allowances Not Often In One’s Best Interests
As I had anticipated within former posts on the subject, Indiana’s new legislative alterations to the criminal code as pertaining to owi license reinstatements has been a hodgepodge of varying interpretations throughout the state. Adding to the confusion is the bureau of motor vehicles’s own in house legal interpretations of present state statutes in regard […]
Refusal Cases & “Best Interests Of Society” Omissions
For those contending with dui arrests in Indiana after January 1 of this year, the most recent alterations to owi laws has presented many challenges for lawyers practicing in the realm of owi defense. For the purpose of this posting, I will state a brief overview on how changes to the legislative code dealing with […]
Maximizing License Credit In Light Of New Legislation
As interpretation of new laws related to impaired driving unfold within Indiana, components governing how to best maximize administrative license suspension credit are critical to an understanding of how to best secure license reinstatement privileges at the earliest opportunity possible for one enduring an impaired driving prosecution. For the sake of discussion within this blog […]
Exclusionary Rule
The exclusionary rule is a legal concept the goal of which is to deter wrongful law enforcement practice. The legal standard of exclusion prevents the admissiblity of proposed evidence acquired in contravention of a citizen’s constitutional rights. Based on the exclusionary rule’s dictates, evidence that is unconstitutionally seized is inadmissible within a future prosecution deriving […]
Alterations in Incarceration Calculations
With present sweeping reforms to Indiana’s legislative code dealing with criminal penalties, no type of offense has been spared scrutiny. In asessing how certain crimes will be punished, a legislative determination has been made as to the efficacy of imprisonment in regard to the type of wrongdoing alleged. For example, within the context of non […]
New Law Changes On Horizon
In the future I anticipate communcating my thoughts as to emerging practical considerations lawyers will need to employ in recognition of new legal statutes within the context of drunk driving prosecutions. Always one of the most pressing matters to thoroughly discuss with clients is inevitably the means by which driving priviliges can be reinstated in […]
Proper Scrutiny Of Judicial Election Process
One of the most fundemental underpinnings of the democratic process is the process by which justice is administered. However, it may be somewhat surprising to discover that in some jurisdictions the process by which jurists are elected can be altered by a select few. This problem has been highlighted recently within central Indiana in regard […]
Third Party Legal Culpability
Within the context of dui incidents, peripheral issues and parties can sometimes be unwittingly exposed to adverse legal culpability. A sizeable number of drunk driving prosecutions involve other individuals either being driven by one accused of impairment, or as will discussed below, involve other individuals who have either furnished alcoholic beverages to the accused or […]
Technology & Self Incrimination
Technology, Wrongful Arrest, and Your Right to Remain Silent Society could not function without law enforcement. A swift and efficient police force is crucial to maintaining order. Of course, a police officer is just a person and people make mistakes. And unfortunately, when a police officer makes a mistake, the results can be devastating. A […]
Merciful Act Of Police Officer Worthy Of Mention
Within the present day news cycle exposing the civil rights violations commited by unworthy police officers each day, it is always a welcome respite to learn of the decent acts of police officers wherever they may be. However, when the gracious act of a patrolman takes place within the borders of Indiana, such a story […]
School Bus Driver Allegations
Today news reports have emerged as to the alleged impaired driving activity of a school bus driver in the state of Connecticut. In such instances these allegations spread like wildfire through various news outlets eager to promote the senational news aspects of such a story. What parent or family member is not interested in the […]
Measurable Alcohol Content Significance In Legal Proceedings
Here in Indiana, you can be charged with an owi related offense either by having a blood alcohol level over the legal limit, demonstrating visible indications of intoxication via signs of impairment, or by testing positive for one of the listed drugs within the Indiana Code. For the purpose of this brief outline, bac test […]
Talk Points On Recent Legislative Changes
I have found that with the sweeping legal reform presently being undertaken within Indiana, both lawyer and citizens without legal training are being told conflicting information as it relates to drunk driving prosecutions. One of the main questions being posed to me is that of the present revamping of how jails or prisons will apportion […]
Stop and Frisk Challenges
Within the context of dui arrests, the Constitution of the United States protects American citizens from illegal searches and seizures. This is one area of law that countless numbers of Hoosiers come into contact with on a daily basis across our state; law enforcement officers pull citizens over for everything from moving violations to being […]
Publicity’s Impact On Legal Outcomes
When representing a client, many factors can come into play when uncovering the most advantageous options available. In all defense matters, first and foremost the primary goal is always to determine how best to enable a criminal prosecution to be dismissed. In circumstances where the evidence against one cannot be thrown out of judicial consideration […]
False Lawyer Reviews & Paid Rating Websites
Let me let you in on a harmful secret. Defense lawyers and other professionals throughout America are increasingly in the business of actually creating their own positive online reviews. Even more destructive, most negative online reviews posted against other lawyers are suspected to be from other competing lawyers and not actually represented clients. Terrific lawyers […]
Jurisdiction & OWI Detainment
On a limited but sizeable number of owi fact patterns that have occured over the years, one area of questioning often scoffed at by lawyers are people’s thoughts in regard to the dismissal of cases on a jurisdictional angle. People who have been arrested for drunk driving often question the county court they may find […]
Free Legal Advice Does Not Always Equal Good Advice
All of my initial guidance for people calling for my advice is always completely cost free. With that said, I have recently had an uptick in questions from callers in regard to the differing “free” advice they have heard from other lawyers as to owi law. Understandably these people had a right to expect that […]
Pot Legalization’s Future Impact Upon DUI Enforcement
To all I wish a Happy new year and safe travels in the days to come. For those residing within states within our union presently undergoing drastic action in regard to the liberalization of Marijuana laws and penalties, the time ahead may be one fraught with widespread changes on the horizon in regard to traffic […]
Why Indiana Drug Crime License Suspensions Begin Later Than A DUI Suspension.
In Indiana, dui and drug offenses involving the use of a motor vehicle are subject to court ordered driver’s license suspensions. When the potential suspensions would begin differs as to whether the charges being prosecuted are for a DUI, or any drug offense involving the use of a motor vehicle. From a defense standpoint, when […]
Unfortunate Supreme Court Ruling In Bisard Case
Political or newsworthy cases often make for bad law. This is never more the case when scrutinizing the latest unfolding developments within the State of Indiana v. David Bisard. Bisard, an Indianapolis police officer is presently on trial for causing the death of a motorcyclist while allegedly driving drunk. Until this week, the criminal proceedings […]
The looming threat for “Non Invasive” alcohol detection devices to be installed within all future vehicles.
Within a recent congressional appropriations spending package is a little discussed spending provision that could soon effect the rights and freedoms of anyone who drives a motor vehicle, whether convicted of a dui offense or not. At least 10 million dollars of taxpayer money has initially been allocated for the development of a so called, […]
Proposed Reduced .05 DUI Level. Why Now?
Many nationwide were taken aback by the recently released report underscoring the growing dangers of texting while driving on America’s roadways. The publicly released report implies that texting while driving has now overtaken driving while intoxicated as a foremost threat in proximately causing fatal traffic accidents. When this report was publicly broadcast I had taken […]
Former Indiana Speaker Of House Arrested For OWI
Once again a recent news story here in the state of Indiana points to the fact that all potentially make mistakes when it comes to brushes with the law. From my vantage point what is significant is the track record each of us has in recognizing this seemingly obvious reality. Within the spector of drunk […]
Misguided Use Of Victims To Promote Ignition Interlock Legislation
If there is one victim of a drunk driving accident each year that is one too many. Our hearts go out to the victims of often senseless crimes whether they be intended or the result of a grave mistake unlikely to re occur. Within a criminal justice system that has often been envied throughout the […]
License Plate Tracking & DUI
Recent news reports out of the state of Arkansas discuss the new technologies employed by law enforcement to track illegal driving activity. Most significant to the issue is the underlying reality that license plates are being recorded and investigated on a random basis, irrespective of asserted probable cause to suggest that a driving offense of […]
Reggie Wayne Alleged Victim of Valet DUI
Over the years I have counseled and represented individuals working within the hospitality industry susceptible to alcohol or drug related offenses. Increasingly, those employed within the services industry are within proximity to available alcohol on a daily basis. Further, depending upon one’s position, many within the hospitality industry fall victim to alcohol dependency proximately caused […]
Dismissal Of DUI From Diabetic Condition
It is always heartening when I can report on a just resolution of a dui prosecution. Toward that end I would like to take this opportunity to commend the Monroe County prosecutor’s office in their decision to allow for dui charges against a diabetic truck driver to be dismissed. In many cases involving mental or […]
Appropriate Client Presentation Within a Courtroom
Like any other endeavor in life, how one presents oneself before a decision maker can often play a significant role in a desired outcome. This reality is never more true than for a client appearing within a criminal courtroom during the course of an onging prosecution or at the time of a dui sentencing hearing. […]
Potential Fines Following An Indiana DUI
Many people who have done their due diligence to research all angles of the dui process grow legitimately alarmed at the Indiana criminal statutes allowance for court ordered fines in the thousands of dollars. The prospect of having to pay fines up to ten thousand dollars for a felony or five thousand dollars for a […]
Sequestration & DUI Investigation
Pundits have been gaging my opinion as to what impact, if any, sequestration due to take effect by weeks end will have on criminal investigations and traffic enforcement within the state of Indiana. For those not fully up to date on the latest political wranglings in Washington, D.C., the term “sequestration” labels for some the […]
Your DUI Case Is Over, Know How To Reinstate A License
One of the more frustrating aspects of Indiana dui law is the procedure by which someone must go through to have their driver’s license reinstated. Logically, most reasonable people assume that once a dui case has been concluded with a specified term of suspension that they will be automatically eligible for reinstatement once the court […]
Bisard Case Venued Out Of Marion County
A change of venue motion is a legal mechanism by which an OWI attorney can seek to transfer a dui prosecution to another county. The rationale for such a motion in general terms is that due to pre trial publicity a defendant cannot be expected to receive a fair hearing from local jurors potentially affected […]
Larry Bird’s Son Arrested
In the state of Indiana the name, “Larry Bird” is one that causes folks to perk up their ears and garner utmost attention. Most often that attention within the state is positive, with an admiration for “Larry Legend’s” exploits on the basketball court. For a state known for its love affair with basketball, Bird is […]
Indianapolis Police Officer Guilty Of Robbing Motorists
It is always a distressing thought to consider that police officers trained with the motto, “to serve and protect” are capable of becoming the victimizers of lawful citizens. However, that unfortunate reality is exactly what has taken place within Indianapolis this past week with the trial conviction of Indianapolis Metro Police Officer David Butler. Former […]
Are Radar Detectors Legal in Indiana?
For many years I have been asked about the legality of radar detection units within vehicles in Indiana. To anwer the question concisely, the answer is that radar detectors are presently legal within all vehicles in Indiana. At this time although some states prohibit such units entirely and others make the distinction between commercial and […]
Pre Conviction License Suspensions When Accused Of DUI
One of the major hardships facing clients who have been charged with a dui in Indiana is a license suspension scheme that allows for the suspension of an Indiana drivers license prior to any determination of guilt. As stated elsewhere within the dui license suspension procedure section, Indiana allows for the administrative agency responsible for […]
Refusing Field Sobriety Testing in Indiana
Within circles of drunk driving defense discussion the concept of a “refusal” is often the center of debate. However, in most circumstances this discussion revolves around the issue of one’s refusal to submit to a breath test for intoxication as opposed to a refusal to submit to field sobriety testing. Field sobriety testing in combination […]
Investigated For DUI in Indiana? Learn Whether Refusing a Breath Test Is The Right Move.
The decision as to whether to submit to a breath test when investigated for a dui in Indiana is not always clear. In large measure, the answer depends upon the priorities of the individual questioned for drunk driving. Were I to have written this page a few years ago, I would have suggested refusing a […]
DUI Takes Backseat To Other Causes Of Traffic Accidents
To hear the Mothers Against Drunk Driving (MADD) and their loyalists spin the tale, drunk driving is the prime cause of motor vehicle accidents to be prevented at all costs. In their quest for a de facto prohibition on the consumption of alcohol within entertainment venues, sporting events or restaurants, such organizations are not always […]
DUI & Modified Public Intoxication Law
Every once in a while a dose of sanity prevails among those within the Indiana legislature in reference to enactments and/or modifications made to criminal statutes. One especially troublesome law that remained unaltered for too many years involved the application of public intoxication laws. Unlike evidentiary elements necessary within dui prosecutions, many people are usually […]
Another Reminder of DUI Arrest Fabrication
Although it is heartening to be able to expose the reality that there are bad cops who have made a career of “embellishing” evidence against those they seek to prosecute for drunk driving; it is most disheartening to come to grips with the fact that there are untold numbers of Americans who have been victimized […]
A Safe & Happy New Year To All!
To all of my former and present clients who have become both friends and advisers to me in many aspects of life unrelated to the law, I wish you all a healthy, safe and productive new year. As with all things law related, allow me to be somewhat of a downer in cautioning all to […]
Welcome Appellate Court Ruling on HTV Suspension
It is not often that Indiana appellate court rulings defer to the arguments put forth by those appealing the actions of governmental agencies. However, a recent appellate decision that has gone against the actions of the Indiana Bureau of Motor Vehicles is a welcome one and a long time in coming. Specifically, as I have […]
New Years Wishes And Warnings
To all I wish a happy and productive new year. As New Years eve and day soon approaches may I suggest a few words of warning to those driving within the confines of Indiana during this holiday season. In combination with blizzard roadway conditions throughout the state, law enforcement keen on stockpiling arrests for drunk […]
United States Senator Arrested For DUI
Unites States Senator Mike Crapo, a Republican from the state of Idaho, is the latest noteworthy public official to be arrested and charged with drunk driving. Senator Crapo was allegedly cited for running a red light in Alexandria Virginia. The arresting officer stated that the senator failed several field sobriety tests with a blood alcohol […]
Veteran News Crusader Charged With DUI
Veteran News Commentator and professed public watchdog Sam Donaldson has been charged with drunk driving following a traffic incident in Delaware on December 1. Donaldson, an outspoken and combative news reporter for ABC news for several decades was one who made many enemies within Washington D.C. political circles due to his willingness to hold public […]
Curtailing Shame in Sentencing
I recently became aware of a driving offense case in Ohio that drew my attention. A woman in question was convicted within a prosecution where her driving activity had her improperly passing a school bus with children on board. As part of the woman’s sentence she was ordered to stand outside in public with a […]
Yet Another Federal Call For Ignition Interlocks
Goverment employees, whether state legislators or federal bureaucrats, are in a constant quest to demonstrate to the public that they are doing something constructive with their time. Unfortunately, tackling politically sensitive issues is not one of them. Employing creative solutions to solve our economic woes or proposing refocused drug enforcement policies allowing for the taxation […]
Bisard Ruling Upheld
A refresher on the twists and turns within the pending prosecution of Indianapolis Police Officer David Bisard; 1) Officer David Bisard is involved in fatal car accident. 2.) Investigating cops on scene do not perform field sobriety tests on Bisard nor request a breath test from Bisard. 3.) After initial delay and confusion, Bisard unlike […]
Proper application of credit time to pre conviction Indiana owi license suspensions
Recently I was once again reminded as to the potential entanglements within the Indiana Bureau of Motor Vehicles that can often impede reinstatement and/or apply proper credit time calculation for those afflicted with pre conviction dui license suspensions. Notably within the past year, especially within certain counties, drunk driving lawyers in Indiana have had to […]
Reciprocity and Prescribed Marijuana
With the growing trend nationwide for a relaxation of legal penalties directed against those possessing Marijuana, I have been asked on numerous occassions whether a lawful prescription for medicinal Marijuana granted elsewhere will protect from prosecution within Indiana. People searching for a way to engage in lawful Marijuana possession are optimistically inclined to reason that […]
Citizen Informants & Traffic Stops
With increasing frequency law enforcement services nationwide are embracing emerging forms of mobile technology with which to assist their professional efforts. With the advent of a new mobile device introduced for public consumption seemingly each successive month, many among the general public with a zeal for playing detective have actually been able to make their […]
Alcohol Monitoring Apps on Phones
Perusing the latest offerings of the latest cell phone applications can lead to a treasure trove of helpful items; both for the good and for the bad. As a defense lawyer, one particular item that always piques my interest relates to applications directed at alcohol monitoring. In one form or another the public has thus […]
Medical Marijuana and DUI
Throughout the nation, laws governing an allowance for dispensaries regulating the distribution of medical marijuana have been liberalized. Colorado is the most leading example of a state whose legislature has passed laws that have become the most lenient in regard to recognizing the medical benefits of medicinal Marijuana toward people with a proven need for […]
Security For Jailed DUI Defendants
Recent news events concerning the death of a woman arrested for owi raise the concerns of those attorneys such as myself as to the conditions within the arrest processing center and other jails within Indiana. As part of former civil rights lawsuits and a consultant on police conduct related to deliberate indifference actions under federal […]
Decision Citing Lack of Probable Cause
One of the great challenges for drunk driving defense attorneys, whether in the state of Indiana or nationwide, is overcoming the general judicial inclination to find probable cause for any and all initiated traffic stops. Within a dui prosecution when one has been stopped for impaired driving though the alleged use of alcohol and/or drugs, […]
Witheld Prosecutions For Indiana DUI Prosecutions
One of the most difficult aspects of law to explain to a client is the discrepancy as to options made available to those facing first time dui prosecutions within the state of Indiana. As a first prong of attack, a capable dui defense lawyer will always explore any potential means by which a case can […]
Roundabouts and DUI Arrests
Indiana has begun to propose and construct more and more roundabouts throughout our state. Ostensibly, these circular roadways enable traffic to flow more freely and help in avoiding unnecessary traffic congestion especially at peak rush hour times. As newly constructed roundabouts have become opened for the use of the driving public, it is not at […]
Bisard Case Ruling Reversal
In a stunning setback to defense lawyers defending Indianapolis police office David Bisard, an Indiana Court of Appeals ruling set Bisard’s prosecution for drunk driving back on track after a preliminary dismissal of dui related charges. The initial ruling of state judge Grant Hawkins within Marion County I believe correctly interpreted state statutes within a […]
The Internet Is Not a Court of Law
The internet world is now abuzz over pictures that it can utilize to dramatize potential dangers related to drunk driving. Rapper Everett Mckiness (please forgive me as I do not know this musician) allegedly tweeted “yolo” as he claimed to be speeding at over one hundred twenty miles per hour and driving drunk. A brief […]
Proposed Modifications to Indiana DUI Code?
Presently in deliberation before the Indiana state legislature is major proposed legislation that can potentially alter the course of how dui cases are defended. The existing Indiana criminal code statutes are the mechanism by which all dui laws and penalties are applied within the state. Any change in the codes can therefore impact not only […]
Considerations in Selecting a DUI Jury
Once a determination has been made that a contested trial before a jury of one’s peers is warranted, the potential makeup of such a jury within a dui prosecution becomes essential to victory. It is through the skillful selection of a jury through a process called voire dire that the probability of a successful outcome […]
Pre Paid DUI & OWI Services in Indiana
In this new media internet age legal marketing businesses promising discount legal services have been increasingly touted to the general public as a means to cut ever higher attorney fee costs. The internet has the power to aid the consumer immensely but also carries the ability to manipulate. This is never more accurate than in […]
New Lifeline Alcohol & DUI Law in Indiana
Effective July 1 a new law in Indiana has become available that is vital knowledge for any parent of children exposed to alcohol related activities. The significance of this law labeled the “Lifeline Law” is that it can enable a minor child the ability to shield himself or herself for criminal prosecution from alcohol related […]
Non Alcohol Related OWI
An often confused aspect of Indiana dui law involves dui prosecutions centered around allegations of drugs as opposed to alcohol within the driver’s bloodstream at the time of a traffic stop. Unlike the presence of alcohol that can be more readily uncovered through initial portable breath testing at the scene and later certified breath testing […]
Accidents & Required BAC Testing in Indiana
In the wake of the David Bisard case questioning the police procedure utilized when investigating an officer involved in a fatal traffic accident, Indiana law has responded with new requirements testing for bac involving all traffic accidents involving injury. Many have suggested that the recent enactments of law were for public relations purposes as opposed […]
Driving a Boat While Intoxicated
In Indiana, laws have recently changed in regard to operating a boat while intoxicated. Unlike what veteran boaters may have previously been accustomed to, boating while intoxicated is treated legally the same now as operating a motor vehicle (car) while intoxicated within the state of Indiana. This reality comes as a shock to many leisurely […]
DUI Accidents and Proximate Cause
I am recently involved in a contentious case dealing with the legal issues involved with a prosecution of operating a motor vehicle while intoxicated causing death.The issues presented are not uncommon in the state of Indiana and are critically important to the legal defense of one being so prosecuted. Many lawyers have often asked whether […]
DUI Impact on Medical Professionals
In my years of dui defense practice I have been blessed to defend and counsel many men and women within the medical health profession. A large number of clients have come from the nursing profession where the close proximity and accessibility to drugs has lead many fine individuals to stray from their normal behavior. Whether […]
Who Pays For DUI Penalties?
No one will suggest that driving while intoxicated is anything less than a serious danger to other individuals on Indiana’s roadways. However, what is often questioned within legal defense circles are the methods used to deter drunk driving. All too frequently court ordered sanctions to deal with the perception of drunk drivers ravaging our streets […]
Prosecutor Letters On Blood Draw Problems
Many people have been contacting me in recent days as to letters received from the Marion County Prosecutor’s office as to problems with drug test results that may have an effect on their prior criminal case conviction. The letters received are often confusing and somewhat vague. Some people calling me believe that such a correspondence […]
The Attorney Behind Indianaduiattorney.org
As a defense attorney for over 20 years I know how to help people accused of dui and owi offenses wherever they might occur within the state of Indiana. I am honored to be a legal resource for other legal professionals in the field of dui defense and look forward to provide you with legal […]