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Refusing a Breath Test in a DUI

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…

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A Look at Indiana Code 260 IAC 2-1 – Breath Test Machines

Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…

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HTV Now What?

Indianapolis Criminal Defense Attorney Blog: I’m HTV How Can I Drive Again? So you have gotten a few bad convictions on your record or several tickets a one really bad driving conviction and the BMV has just notified you that you are now a habitual traffic violator and you have a VERY long license suspension. Now what? Public transportation is not exactly reliable in Indiana. So what are the options? A Review of Your Driving…

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A Look at Community Corrections and Crimes that Qualify for Direct Placement

A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars.  When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…

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Looking at Making A Murderer and the Steven Avery Case

                  Indianapolis Criminal Defense Attorney Blog:  Making A Murderer a Look at the Case from a Former Deputy Prosecutor Turned Defense Attorney   Today our blog takes a look at the hugely popular Making a Murderer documentary film that has become a huge hit on Netflix.  This blog is being written by Banks & Brower part-owner Brad Banks.  Brad Banks spent nearly 10 years as a deputy…

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Operating a Vehicle with a Metabolite in Your System

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,…

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A Look at How Criminal Extradition Works in Indiana

Understanding How Extradition Works in Indiana Extradition is a word that is often tossed around by the general public, but all too often, many don’t truly understand what it means, how it works, and how it’s enforced in the criminal defense world. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower will address how extradition works and how it plays out in a typical criminal case. Extradition, in its most simplistic form,…

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