Call for Free Legal Guidance

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.

Indiana DUI Blog

Recent Case Dismissal Underscores Need To Attack Circumstantial Evidence Within DUI Prosecutions

March 12, 2017

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.

January 5, 2017

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

December 15, 2016

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

November 25, 2016

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, […]

American Hero’s Arrest Underscores Low Threshold For DUI

April 11, 2016

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

March 9, 2016

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

February 2, 2016

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

January 20, 2016

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 […]

Holiday Wishes & Warnings

December 23, 2015

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 […]

New Law Advantages For Habitual Offense Allegations

December 1, 2015

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 […]

Motor Vehicle Classifications Subject To Court Jurisdiction

October 1, 2015

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

September 4, 2015

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

August 3, 2015

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.

July 17, 2015

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

July 11, 2015

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

July 1, 2015

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 […]

New THC Testing Emerging Directed At Marijuana Within Vehicular Stops

June 1, 2015

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

May 18, 2015

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

May 12, 2015

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?

May 3, 2015

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 […]

New License Allowances Not Often In One’s Best Interests

April 10, 2015

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 […]

Maximizing License Credit In Light Of New Legislation

February 25, 2015

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

February 9, 2015

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 […]

New Law Changes On Horizon

December 2, 2014

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 […]

Third Party Legal Culpability

October 7, 2014

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

September 17, 2014

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 […]

School Bus Driver Allegations

August 28, 2014

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 […]

Stop and Frisk Challenges

July 25, 2014

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 […]

Beware Of Questionable Lawyer Reviews & Paid Rating Websites

May 17, 2014

One of the most problematic areas for people seeking the best lawyers in recent years has become the proliferation of self serving reviews and/or ratings marketed by lawyers seeking clients. As the internet has become the foremost marketplace for goods and services, so to has an emergence for businesses to manipulate online reviews as a […]

Jurisdiction & OWI Detainment

March 23, 2014

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 […]

Why Indiana Drug Crime License Suspensions Begin Later Than A DUI Suspension.

September 18, 2013

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 […]

The looming threat for “Non Invasive” alcohol detection devices to be installed within all future vehicles.

August 6, 2013

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?

May 31, 2013

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 […]

License Plate Tracking & DUI

March 9, 2013

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

March 8, 2013

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 […]

Sequestration & DUI Investigation

February 26, 2013

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 […]

Larry Bird’s Son Arrested

February 13, 2013

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

February 11, 2013

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 […]

Pre Conviction License Suspensions When Accused Of DUI

February 2, 2013

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 […]

Investigated For DUI in Indiana? Learn Whether Refusing a Breath Test Is The Right Move.

January 21, 2013

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 & Modified Public Intoxication Law

January 4, 2013

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 […]

New Years Wishes And Warnings

December 27, 2012

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 […]

Curtailing Shame in Sentencing

December 13, 2012

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

December 12, 2012

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

December 11, 2012

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

December 5, 2012

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

December 3, 2012

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

December 2, 2012

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 […]

Medical Marijuana and DUI

November 6, 2012

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

November 2, 2012

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 […]

Roundabouts and DUI Arrests

October 1, 2012

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

September 22, 2012

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 […]

Non Alcohol Related OWI

August 6, 2012

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 […]

Driving a Boat While Intoxicated

July 21, 2012

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

July 17, 2012

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 […]

Who Pays For DUI Penalties?

July 13, 2012

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 […]

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