Yes. Charges are filed based upon probable cause. If the case goes to trial, the State will have to prove its case beyond a reasonable doubt. If the defendant was neither intoxicated nor had alcohol or a controlled substance in the body in violation of the per se statute, that would be a...Read more »
Her Omnibus hearing in the date that sets the deadline for filing motions and defenses. The judge will ask her what her intentions with the case are and if she plans on hiring an attorney. He/she should give her a little more time to hire an attorney, however will likely set the case for a trial....Read more »
I had to try to grab it and I crossed the center of the road 3 times (again no on known traffic I was making sure 100%). When I got to the stop sign at the end kid tbe road, he turned his flasher light on (the officer) and arrested me for OWI on my prescription medications. He was mind enough to... Read more »
If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on...Read more »
If you turn yourself in or are picked up, you will sit until a judge hears your case. If you hire an attorney to represent you, depending on the judge and prosecutor, your attorney may be able to either negotiate a bond you can afford to get right out of jail, or an agreement to surrender to the...Read more »
The legal limit in Indiana for all operators is .08, however I believe federal regulation for CDL holders is .02. This may also apply to those with chauffers license as well. That being said your company may have its own policy so to prevent any issues its best to be sober while driving a taxi....Read more »
Many courts will give you a few days to prove that you were in the hospital. However, if the court already issued a warrant your options are limited. First, you can wait to be arrested, not a good choice, or you can turn yourself into the jail, also not a great idea. You can surrender to the...Read more »
It depends on the facts of the case. There are potential issues for the state in the areas of operation, proof of impairment, breath or blood test timing or procedure. Also what you drank along with what you ate and the timing of both.
The officer pulled me over while turning in front of my house stating that i didnt use my turning signal and took me to the hospital and gave me a blood test of .12 and charge me with an owi, but i didnt receive a ticket for the turning signal, which this case should be dismissable in court for not... Read more »
A case does not need to be dismissed for failing to cite or charge your with everything he/she could have charged you with at the time. The officer needs probable cause to pull you over, so not citing you for an infraction is not fatal to the OWI charge.
If the charges are in Indiana you can look at mycase.in.gov to see if there is a filing. It sounds like there was an issue with the charges so the judge released you, however, the prosecutor can proceed if probable cause is later determined. If you give my your name I should be able to look up...Read more »
You need to file a petition under 9-30-10-14.1. If you do this yourself read the statute very carefully and follow what is required. You should consult an attorney as this can be a complicated hearing.
In Indiana a refusal to take a breath test is a one year administrative suspension, unless there is a prior conviction then its a 2 year suspension. Additionally, if there is a conviction later on in the refusal case there is another suspension and there is no credit given from the refusal...Read more »
In Indiana the OWI statute is divided into 2 categories. OWIs that do not require a breath score. First it is a class C Misdemeanor to operate a vehicle intoxicated; the offense becomes a class A Misdemeanor if you operate in a manner that endangers a person. The second is know as the Per Se law....Read more »
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