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Updates to Specialized Driving Privileges 2019

Updates to Specialized Driving Privileges 2019

Posted in On September 30, 2018 By Brad Banks

What are Specialized Driving Privileges or “SDP”? Starting the first of the year in 2019, individuals facing Operating a Vehicle While Intoxicated (“OWI”) charges have new hope in their efforts to avoid an immediate license suspension.  Indiana Code (“IC”) 9-30-16-1 will be amended to allow an individual to actually stay (or delay) the suspension.   In order to do this you still need to be eligible for Specialized Driving Privileges (“SDP”).  Generally, you are ineligible for…

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What is a Pre-Sentence Investigation and What is on It?

What is a Pre-Sentence Investigation and What is on It?

Posted in On September 11, 2018 By Brad Banks

Key Takeaways A PSI helps Indiana judges make evidence-based sentencing decisions. Defendants should discuss the PSI interview with counsel before answering questions. Probation officers prepare the PSI and verify information through outside sources. The PSI includes criminal history, personal background, and an IRAS risk assessment. Probation recommendations in the PSI often influence the court’s sentencing decision. As part of any felony-based conviction (sometimes on misdemeanors with open terms and by judge’s request), a judge will…

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What is Our Family Wizard in Indiana

What is Our Family Wizard in Indiana

Posted in On September 10, 2018 By Brad Banks

Communication is important in life and it is extremely important in a family, especially between parents communicating about their children. As is the case with a lot of things, some families are able to communicate more effectively than others, even without the strain of legal proceedings and Court orders hanging over their heads, so it makes sense that families that have gone through divorce or are going through divorce may have communication issues. What is…

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What is Going to Happen to My License After a DUI Arrest?

What is Going to Happen to My License After a DUI Arrest?

Posted in On September 10, 2018 By Brad Banks

When someone is arrested for drunk driving one of the first things they ask is what is going to happen to my driver’s license.  It’s a valid concern.  In Indiana there is very little public transportation and taking Uber everyday will get quite expensive. Were arrested for drinking and driving? The first question to be answered is did you willingly submit to a breath test or a blood test.  If yes and you tested over…

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How to Get Your Driver’s License Reinstated in Indiana

How to Get Your Driver’s License Reinstated in Indiana

Posted in On August 28, 2018 By Brad Banks

One of the most frequent calls we get are from individuals with suspended licenses who are ready to get their license back to valid but have no idea where to begin. Whether you have a record that has been suspended for 20+ years or have a single traffic ticket, it can be confusing to navigate the Indiana BMV’s record to try to determine what needs to happen to get you back to valid. This article…

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Ensuring Compliance with the Court’s Orders

Ensuring Compliance with the Court’s Orders

Posted in On August 28, 2018 By Brad Banks

Once the Court issues an order, whether from approving your settlement agreement or after a contested hearing, both you and the other party are required to comply with the court order.  So, what happens if the other party refuses to follow the order?  Failure to comply with the court order can result in an action for contempt of court.  There are two types of civil contempt:  direct contempt and indirect contempt.  Direct contempt occurs when…

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How Much Suspicion Is Required?

Posted in On August 28, 2018 By Brad Banks

Imagine a situation where law enforcement approaches an individual based upon suspicions of a potential crime.  Can this person tell the officer to leave them alone and walk away?  Or are they required to follow the instructions of law enforcement and possibly be subject to a search of their person?  We’ve likely all heard or maybe even seen this before, but how much suspicion is actually required before someone is not free to leave?  And…

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Non-resident Sex Registry Requirements in Indiana

Posted in On August 5, 2018 By Brad Banks

Do I have to register in Indiana? Most people realize that when they are convicted of a sex offense, they also have to register in the state in which they are convicted or where they live. However, many out of state residents don’t realize that if they visit (for an extended period), work, and/or go to school in Indiana, there may be additional registration requirements here. Even more surprising for some non-Hoosiers is that if…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.