Articles

COA reduces woman’s OWI conviction, orders new hearing on fees

A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.

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COA reverses stay of man’s driving suspension

A northern Indiana man whose driving privileges were suspended for a variety of driving-related offenses, including operating while intoxicated, cannot have those suspensions stayed after the Indiana Court of Appeals ruled Tuesday that such a stay is contrary to state law.

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Police: Driver in double fatal Tesla crash was intoxicated

The driver of a speeding Tesla electric car that crashed and burned in Indianapolis, killing her and a passenger, was too drunk to drive, according to a police report released Wednesday. The two worked at a company that provides case management software for plaintiff attorneys.

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COA: Restitution must be based on value of damaged car, not upgraded vehicle

Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.

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Electronic copies of warrants are equal to paper copies

An electronic version of a signed search warrant is legally considered the equivalent of a paper warrant, the Indiana Court of Appeals has held, so a man’s constitutional rights were not violated when an officer drew his blood after showing him only a photo of a warrant in an email.

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Senior judge faces discipline for OWI

A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.

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Justices consider transfer in chemical breath test case

Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.

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Meth conviction reversed over toxicology authentication

The Indiana Court of Appeals has reversed a man’s conviction of operating a vehicle with meth in his blood and subsequently causing death after finding that the state failed to authenticate the toxicology report that found traces of drug in his blood sample.

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Man who parked car on I-94 must face OWI causing death charge

Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.

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Justices: Refusal to submit to chemical test depends on circumstances of each case

The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.

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COA senior judge reprimanded for OWI conviction

The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.

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