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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Traffic Tickets and Car Accidents for Indiana on
Q: I had a unsat judgement driver's license suspension expire in 2014 in Indiana. Will i now be able to get a license?

When I was 17 I got into a car accident in Indiana. It was a friend's car. I was found at fault for the accident. I had an unsat judgement against me in 2007 and it expired 2014. Due to severe anxiety I just never tried to get my license again and over time forgot about the judgement. Now that... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 25, 2022

If the suspension ended in 2014 then there should be no reason it would prevent you getting a license. However, there may be a reinstatement fee. Also, there could be other reasons preventing you from getting a valid license. If you do not have a myBMV account, set one up and look at your... Read more »

1 Answer | Asked in Employment Law and Traffic Tickets for Indiana on
Q: I received a speeding ticket in a company vehicle. Whos responsible for payer the ticket? My employer or me?
Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 7, 2022

You would be responsible to pay the ticket since you were the one who committed the infraction. However, the company would have to send proof to the BMV on your behalf to show the vehicle was insured. If you pay the ticket, it will put points on your record and could cause your own insurance... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: What if any reason would a person keep getting tickets instead of going to jail if they were driving while suspended ?

In Indiana

Andrew L. Bennett
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Andrew L. Bennett
answered on May 24, 2022

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: I was never notified that I was a habitual traffic offender my traffic offense was in 2009 how can they charge me forit

My last conviction in2009 my license was suspended for two years

Andrew L. Bennett
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Andrew L. Bennett
answered on May 21, 2022

There is not enough information to answer your question accurately. If you have a myBMV account, print off a copy of your driving record and schedule an appointment with a criminal defense attorney who can look at your record to determine what can be done. Depending on the circumstances the HTV... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: I got my first owi in porter county indiana, i was alone. Im a mom though. Will social services try to take my kids?

My BAC was above .15 . Went the wrong way down a one way, did not crash or hurt anyone.

Andrew L. Bennett
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Andrew L. Bennett
answered on May 21, 2022

If your children were not in vehicle with you, then DCS should not be involved.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why is it legal for someone under 14 to physically and sexually assault other kids?

This has been happening for years and no one in the community will do anything about it. Not DCS, not the police, not the school... the boy has obvious mental problems and is seriously violent and sexually aggressive. How is this ok for everyone to ignore this problem??

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 28, 2022

Consider calling the State Police or the Attorney General's office

1 Answer | Asked in Criminal Law and Employment Discrimination for Indiana on
Q: Can I sue for a job that I was only denied because a f6 charge that was dismissed?

I can't find work because employers pull up the charge on a background check even though it was dismissed. Even with dismissal, the charge still looks ugly to potential employers and now I'm suffering financially.

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 27, 2022

In Indiana an employer can choose to not hire or to fire for any reason as long as it is not for a constitutionally protected reason. Your situation does not fit a constitutionally protected class. However, if the case was dismissed you should consider an expungement. This will seal the case and... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I be charged with the same drug charge that somebody else is already pled guilty to and been convicted of

My boyfriend has already plead guilty served time and been convicted of the same charge of trying to charge me with. My pretrial conference is tomorrow and I don't feel like since he's already admitted that everything was his and did the time for it that I should be able to be charged... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

If the facts support a charge based on constructive possession, then yes you can still be charged/convicted with the same drugs as someone else.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: Can an Indiana Chief Deputy Prosecutor be charged/prosecuted for a murder he/she committed prior to becoming a CDP?
Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

Yes; their status as a prosecutor does not give immunity to murder charges and there is no statute of limitations on when charges for murder can be filed.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I accidentally handed an officer my traded in cars registration. Can I win my ticket?

I purchased my car 7 months ago amidst covid, I traded in my old car and put the registration in my new carsdash. I accidentally handed him the wrong registration and he didn’t tell me it didn’t match my vehicle. So I was wondering why he wrote a ticket for false registration when I got home. I... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 28, 2022

If you have the correct registration for the vehicle, contact the prosecutor's office. They may be willing to dismiss the case. If not, contact an attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: What is the IC code for habitual offender in 2022
Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 23, 2022

Habitual Felon is I.C. 35-50-2-8

Habitual Traffic Violator is I.C. 9-30-10-1 et seq

Habitual Vehicular Substance Offender is I.C. 9-3015.5-1 et seq

1 Answer | Asked in Criminal Law and Medical Malpractice for Indiana on
Q: My boyfriend overdosed on heroin in September of 2021 and is being charged a F6 Syringe. Is there any laws that protect

Me from being prosecuted if I called 911 administered the narcan but then claimed the syringe as my own?

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 15, 2022

There are statutory protections for those that help others who are overdosing. However, if there are facts/events that do not fall within the statutory protections, it may be possible for you to be prosecuted. You should consult with a criminal defense attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is there any difference between the possession of a handgun by violent felon being found in the home, / to vehicle

Hand gun was not found on said person.

There was a party being held

Along with the occupancy of teants

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 10, 2022

There is no difference between a vehicle nor a home if the felon is in possession of a gun. However, the State will need to still prove the felon possessed the gun. Being in the presence of a firearm is insufficient if someone else is possessing the firearm.

1 Answer | Asked in Criminal Law for Indiana on
Q: My 17 year old committed crime can they wait til he is 18 to arrest him

He was with an adult they unlawfully entered vehicles and took belongings the adult has been charged my son is on probation for other stuff so can they wait til he turns 18 to charge him

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 7, 2022

If the alleged offense is a misdemeanor, the State has 2 years to file charges, if the offense is a felony, the State has 5 years to file charges. So yes, he could be 18 when he is charged and arrested. However, since he was 17 at the time of the alleged offense even if he is 18 or older the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If you transfer probation outta state , can the old probation violate you still

Got approved to moved outta state and transferred and now the the old probation has a warrant out for violating probation

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 2, 2022

Yes, transfering probation out of state is for monitoring purposes. However, if you violate probation the court that sentenced you will have the probation violation.

1 Answer | Asked in DUI / DWI for Indiana on
Q: I am a habitual traffic offender, i have 3 dui's with a 10 year license suspension with 6 years to go, needing hardship
Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 1, 2022

Consult a local traffic/criminal law attorney to discuss specialized driving privileges.

1 Answer | Asked in Criminal Law for Indiana on
Q: was just recently charged with a misdemeanor for an OWI I was sentenced to 1yr of probation. Now I caught another charge

What do you think I'll be sentenced to. This is only my second offense and it's another misdemeanor

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 21, 2022

It will depend on the facts and what the charges are in the new case. If it is a new OWI then the charges should be a felony and it would require a minimum of 5 days jail or 240 hours of community service and a minimum one year license suspension. If the charges are not OWI then it will depend on... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: Do you have to show ID if you are pulled over by a police officer for allegedly swerving

I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 18, 2022

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

1 Answer | Asked in Criminal Law for Indiana on
Q: I might be prosecuted soon for stealing from Walmart, what should I do?

I worked in the Deli, and starting on December, I would give out food for cheaper prices for associates and myself. They questioned me today, and fired me as well. I also wrote a statement on the whole issue. I haven’t talked to police yet, and I haven’t got any word today. I also don’t have... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 30, 2021

You should not talk to anyone other than an attorney about the situation; anything you say can be used against you. You should try and hire an attorney, most have payment plans. If you cannot afford an attorney and are charged then request a public defender.

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