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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]