Although not commonly used throughout the state, there is a law which creates an avenue for somebody to have their OVWI/DUI case dismissed. The process is called conditional deferral, commonly called a Title 12 deferral and is allowed under Indiana Code 12-23-5. According to this law, if somebody is charged with a crime under IC 9-30-5 (generally, operating a vehicle while intoxicated or operating a vehicle with a BAC above .08), as long as it’s…
How to Avoid Arrest at the 100th Running of the Indianapolis 500 The Indianapolis 500 is one of the greatest sporting events in the world on any regular year, but this year will be bigger than ever. It is the 100th anniversary of the greatest spectacle in racing. It is the first time in many, many years that the 500 will be sold out! What does that mean? Well, it likely means that the approximate…
A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do. The theory is that if there is no test, then it will be difficult or…
DUI’s In Indiana Involving Things Other Than Alcohol Almost every single person alive has heard that you can be charged with Driving Under the Influence, Operating a Vehicle While Intoxicated, and/or Operating While Intoxicated when you are intoxicated by alcohol. But, did you know you can be found guilty of Operating a Vehicle with a Metabolite in your system? For being intoxicated by the metabolite and for just having it in your system without intoxication?!?! And,…
A New Years Resolution You Didn’t Expect It never fails…the first day of the New Year is always a busy day for our phones at the Indianapolis Criminal Defense Attorneys of Banks & Brower, LLC. While many people are setting their sights on healthy New Year’s Goals like losing weight, being patient, drinking less often, being kinder…blah blah blah, inevitably, many others are testing their vices…drinking to access, partying to access, and engaging in behavior they…
INDIANAPOLIS CRIMINAL DEFENSE ATTORNEY BLOG: FREQUENTLY ASKED QUESTIONS ABOUT DUI/DRUNK DRIVING ARRESTS IN INDIANA INDIANAPOLIS CRIMINAL DEFENSE ATTORNEYS AT BANKS & BROWER LOOK AT FAQ’S FOR DRUNK DRIVING ARRESTS Are sobriety check points legal? Yes, several times throughout Indiana law enforcement officers setup sobriety check points. As long as they are properly advertised and delineated with signage, they have been found to be legal. Can’t I just turn on a different road and avoid the…
Indy 500/Memorial Day Blog “Gentlemen, start your engines!” Those four iconic words signal the beginning of the Indianapolis 500, the main event of an entire month built around The Greatest Spectacle in Racing. Events like concerts, party tents, and other gatherings, including the famed “Snake Pit” – sometimes known as The Greatest Spectacle in Partying – are the main attractions for some visitors. But unfortunately for many, the revelry ends with four less exciting…
Today our blog looks at one of the more common criminal charges Public Intoxication. Especially in central Indiana, we see this charge with a high level of frequency. This is due in part to us having great venues like Lucas Oil Stadium, Bankers Life Fieldhouse, and Klipsch Music Center. We have these great venues, with great entertainment, that allow a person to drink to the level of intoxication, and then literally force them out into…