The Two Most Common Reasons Evidence Get Suppressed It is very common that clients come into our office thinking that the police did something wrong and that we should be able to get them out of trouble. It is one of the most important parts of our job. We must review every case carefully to see if the law enforcement did something improper that could give cause for a motion to suppress that could possibly…
If you have ever received a ticket for a traffic or ordinance violation, or even charged with a misdemeanor which was handled in a city or town court, it is possible to have that case reheard in one of the county circuit or superior courts. The legal mechanism that allows this is called a request for trial de novo. The rules for requesting a trial de novo differ slightly depending on whether the judgment was…
A Look at the DUI Basics There are literally thousands and thousands of DUI arrests across the country every year. It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year. In today’s blog we take a look at the basics of a DUI or drunk driving arrest in Indiana. The BAC Charge This is the number that is most promoted…
A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy. The law that allows the retention of firearms is Indiana Code 35-47-14, or otherwise known as the “Jake Laird” law. This law was enacted in 2005, subsequent to the murder of…
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…
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…
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.