Indiana responds to convicted ex-officer’s appeal
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
OWI
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JQC files charges against judge following OWI arrest in Kentucky
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.
COA re-evaluates public intox opinion in light of Thang, but still affirms
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.
Man waited too long to ask for return of cash bond
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.
Deputy’s lack of certification not an issue in suspension of license
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.
COA finds officer had no reason to make woman sit in squad car after stop
A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
Special prosecutor to handle councilman’s case
A special prosecutor has been appointed to handle the case of a South Bend Common Council member who allegedly drove the wrong way on a highway while drunk.
Blood tests for DWI cases costing Hancock County
In the hands of a jury, a simple blood test can mean the difference between a drunken-driver who is convicted and one who walks free.
Lucas Oil vendor not entitled to summary judgment in dram shop case
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
Statute doesn’t allow consecutive habitual offender sentences
The Indiana Court of Appeals reversed a man’s sentence for operating a vehicle while intoxicated, finding the trial court had no authority to order his present sentence, enhanced by the habitual substance offender statute, to be served consecutively to his previously enhanced sentences.
COA: Man not entitled to have restricted access to OWI conviction
Because a man committed another crime while on probation, he failed to satisfy the obligations imposed as part of his sentence, so he did not qualify to have access to his conviction records restricted under Indiana Code 35-38-8, the Indiana Court of Appeals affirmed.
Truck’s ‘excessive’ smoke justified traffic stop
The Indiana Court of Appeals has ruled that a police officer had reasonable suspicion to pull over a driver after seeing his truck emit an “excessive” amount of smoke.
New portable alcohol monitoring device gains favor in community corrections
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
Man has second chance to get OWI charges dropped
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
Contempt affirmed for man suspected of drunken driving
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
Two traffic stops and two motions to suppress result in two different rulings
A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.
Bisard trial costs Allen County nearly $26,000
The Allen County court that conducted the criminal trial of a former Indianapolis police officer accused of killing a man and injuring two others while driving intoxicated has totaled up how much Marion County owes it: $25,588.13.
Judges decline to find OWI statute unconstitutional
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
Judges reject man’s Department of Toxicology claims
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
Woman’s convictions are crimes of violence, justifying sentence
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.