Traffic Law

Getting pulled over after having a few drinks is a nightmare that many Hoosiers have unfortunately endured. The interactions with the police officer, the barrage of confusing field sobriety tests, and blowing into a portable breath test all combine to make an incredibly stressful situation. And, after all of these events, the officer will ask a question with wide ranging repercussions. The officer will ask if you will consent to a certified breath or blood…

This system was developed to monitor and identify people who need to improve their driving habits and to provide requirements for suspending driving privileges.   If you or anyone you know has an Indiana license and has received a traffic ticket, whether in Indiana or another state, then there is a good chance it is for a violation that would cause points to be assessed to your driving record.  Call the experienced traffic law attorneys at…

The Indiana open container law often comes into play during everyday situations. Imagine finishing dinner with friends, placing a half-empty bottle of wine in the backseat, and then getting pulled over on your way home. Even without drinking behind the wheel, that simple mistake could result in a citation or misdemeanor charges. Indiana law makes it illegal for drivers and passengers to keep open alcoholic beverages in the passenger area of a vehicle on public…

  A very common question we hear from clients and potential new clients all the time, is “Why am I charged with Operating a Vehicle While Intoxicated and Operating a Vehicle While Intoxicated Endangering a Person?”  This is a very common and understandable question! Many people also are very confused about how they could have endangered a person.  Sometimes we hear that there was no one else on the road.  Sometimes we hear that they were pulled over…

If you’ve been involved in an accident- whether it’s a car crash, slip and fall, or workplace injury- your first priority should always be your health. Even if you feel “okay” at the scene, it’s critical to seek medical treatment as soon as possible. Prompt medical attention not only protects your well-being, but it also strengthens any personal injury claim you may pursue. At Banks & Brower, we’ve seen too many cases impacted by delays…

Key Takeaways The Fourth Amendment protects against unreasonable searches and seizures during traffic stops. Passengers may refuse identification without reasonable suspicion of a crime. Passengers have the right to remain silent under the Fifth Amendment. Passengers may leave a traffic stop if officers confirm they are not detained. Passengers may record police interactions if it does not interfere with duties. The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the…

Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights some of…

Diversion is a program that postpones the prosecution of criminal charges for a set period (usually one year). If all the program’s terms are met during this time, the charges may be dismissed. Many people who have committed their first criminal offense find themselves eligible for a diversion. A diversion is an agreement between the State and a criminal defendant that essentially says, “If you pay a fee and do either some community service or…