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 to addressing a true evidentiary challenge in dui courtrooms throughout Indiana. There are those who assert that the true issue in cases such as Bisard’s are not whether a law will ensure that proper evidence will be collected, but whether officers will continue to shield there own from public scrutiny irrespective of any applicable laws in place.
To support this view many defense lawyers in Indiana suggest that there simply hasn’t been a problem of blood collection in traffic accidents where the potential target of a potential dui investigation is a member of the general public. It is only within the unique set of circumstances of the Bisard case that cops investigating one of their own may have intentionally caused this malfunctioning of investigative procedure. As a result, passing laws to meet a threat that had not readily existed appear to misdiagnose the root problems of police misconduct.
While a law requiring bac testing for cases involving all accidents involving injury can be a rational way to uncover dui caused accidents, laws in and of themselves will forever be insufficient to protect against those determined to withold enforcement of Indiana dui laws to one of their own.
Please keep updated on this ever unfolding case along with other information affecting the dui defense community by referencing the work of Attorney Gregg J. Stark in the continued aim to be a foremost authority within the field of Indiana dui & owi defense.