Recent Blog Posts
What is the Fourth Amendment Automobile Exception?
If you are stopped while you are driving by a law enforcement officer, is that officer allowed to conduct a search of your vehicle? Generally speaking, the Fourth Amendment of the US Constitution requires the police or any other law enforcement party to obtain a valid search warrant, based on having probable cause, in… Read More »
Can Police Require Me to Wait for a Drug-Sniffing Dog During a Traffic Stop?
If you are stopped in your vehicle by the police or another law enforcement agency in the Indianapolis area, it might feel like you are stopped on the shoulder of a road or highway for a lengthy period of time. The police can keep you stopped lawfully while they run the information contained on… Read More »
Reasonable Suspicion for a Stop Can Arise from a Mistaken Understanding of the Law
The police cannot pull you over in a traffic stop if they do not have reasonable suspicion that you broke the law. To be clear, the Fourth Amendment of the US Constitution gives you the right against unreasonable search and seizure, and the US Supreme Court has determined that, in order for a warrantless… Read More »
Traffic Stops Based on License Plate Checks
The legality of traffic stops involves a driver’s Fourth Amendment rights. The Fourth Amendment of the US Constitution protects individuals against unreasonable searches and seizures. Over time, the US Supreme Court has heard a wide range of cases concerning traffic stops and a person’s Fourth Amendment rights. Under various case law, law enforcement officers… Read More »
OWI Defense for Prescription Medications
In Indiana, drunk driving is charged as operating a vehicle while intoxicated (OWI). While other states use the statutory language of “driving under the influence,” or DUI, or “driving while impaired,” or DWI, the same type of offense is charged as an OWI in Indiana under IC 9-30-5. As in other states, regardless of… Read More »
What is an OWI with Endangerment?
If you are charged with operating a vehicle while impaired (OWI) in Indiana — you will likely be facing a Class C misdemeanor under IC 9-30-5. The charges can be more serious where certain aggravating factors are present or for subsequent offenses, or for an arrest after multiple convictions, you could be facing felony… Read More »
Am I Eligible for Specialized Driving Privileges After an OWI?
Were you recently arrested for operating a vehicle while intoxicated (OWI) in the Indianapolis area? If so, you are most likely facing a suspension of your driving privileges. The length of a driver’s license suspension in connection with an OWI will depend on the facts of the case, including whether it is a first… Read More »
What Are OWI Enhancing Circumstances?
When a person is charged with operating a vehicle while intoxicated (OWI) in Indiana (essentially the same as a DUI, or driving under the influence, in other states), the lowest possible offense is a Class C misdemeanor. Conviction for a Class C misdemeanor can result in a sentence of up to 60 days in… Read More »
Is My Family Member Eligible for Clemency?
Was your spouse, parent, child, or another family member convicted of a criminal offense that has resulted in a lengthy prison sentence? If so, and if your family member or loved one has already served a substantial amount of time on their sentence, they may be able to apply for clemency. If you are… Read More »
What Happens After an OWI Arrest?
If you are arrested for operating a vehicle while intoxicated (OWI) under IC 9-30-5, what should you expect to happen during and after the arrest? For many people who are charged with an OWI in Indiana, it is their first offense involving any kind of intoxicated driving, and it is also their first experience… Read More »