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Indiana DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Can u file charges on someone that u let borrow your car for an hour but they never brought it back.

My friend borrowed my car for an hour at 7:30. At 8:59 they called & said they were bringing it back. They never came. I messaged them on Facebook at 1:30. At 6 am I started calling the numbers in my phone where they had used it. No-one had seen them. My friend took me around to places they... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Yes! In Indiana, Theft is defined as knowingly or intentionally exerting unauthorized control over property of another with intent to deprive the owner of the value or use of that property. You should immediately contact the police and file a report with them, and you should share all of the... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Wrongful Death for Indiana on
Q: My son's dad was in a vehicle crash that his friend was driving possible alcohol involved My son's dad died. Can I sue

On police report it said no insurance card found. The driver only had minor injuries, my son's dad was killed on impact. Very severe . My son has to live without his father now. I think he should have to pay.

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Your son has a claim. If he is over 18 he gets the lawyer. If under 18 you should contact a member of the Indiana Trial Lawyers Assn for the area where it happened--they give free consultations. There may be a claim for uninsured motorist benefits, there may be other claims.

2 Answers | Asked in DUI / DWI for Indiana on
Q: I have a 10 year suspension for DUI's. how can I get my license back?

I have been without my license for 5 of the 10 years so far.

Russell B. Cate
Russell B. Cate
answered on May 6, 2016

You may be able to petition the court for specialized driving privileges so that you can resume driving. I would strongly recommend hiring a lawyer to assist with this process.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I will be 21 in 30 days i have court in 7 days for consumption. Will the court take into account I am almost legal?

I just got out of the army and moved here to live with my mother until work picks up in the spring. The night I was ticketed I feel that I was being very reasonable and safe. We had a designated driver, and we were going straight home from where we were drinking at. I served this country to protect... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 4, 2013

Because of your age, you should be eligible for youthful offender status. In order to receive YO, you would have to apply for it once you are in court. If you do not have a criminal history and the crime with which you were charged is non-violent, the judge should grant you YO. YO will give you... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: Can you have a felony when applying for indiana alcohol server 2 year permit
Gojko Kasich
Gojko Kasich
answered on Mar 18, 2012

Here's the pdf for the application:

http://www.in.gov/atc/files/EmployeePermit_3_1-5-10.pdf

The only mention of "felony" I can find is where it tells you lying on the application is a felony.

The Indiana Administrative Code section for the Alcohol Bureau is...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: How long do you have to wait to get license after dui if tjhe judge granted ninety day suspension

Paper was faxed to indianapolis on the 29th the original date of dui was november 5th

Gojko Kasich
Gojko Kasich
answered on Mar 18, 2012

It should be on your driving record, which you can access at:

https://myweb.in.gov/BMV/mybmv/Default.aspx?ReturnUrl=%2fBMV%2fmybmv%2fM...

Or here:

http://www.in.gov/bmv/2331.htm

Is your DUI case over? Did you have counsel or did you just plead without a lawyer? If the...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: How can I be charged with an OWI for having prescribed LEGAL medication in my system while driving?
Paul Stanko
Paul Stanko
answered on Oct 16, 2011

If you have a valid prescription for the controlled substance found in your body, then you have a defense against the so-called "per se" violation.

See IC 9-30-5-1(c) and (d):

"(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: Where can I find out the actual law on the washout period when it comes to drunk driving? This is for the state of IN
Paul Stanko
Paul Stanko
answered on Jan 17, 2011

The Operating While Intoxicated statutes are found at Indiana Code 9-30-5. A misdemeanor charge of Operating While Intoxicated (or the "per se" violation of operating over the limit) can be enhanced to a felony if the person has a prior conviction of OWI within five years of the instant... View More

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