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Indianapolis, Indiana Criminal Defense Blog

Think twice before you drink and drive

With law enforcement agencies in Indianapolis and across the country cracking down on intoxicated drivers, the last thing you want to be is on the wrong side of the law. You may have more social events to go to than usual in the coming months. When everyone is having fun enjoying good food and drinks, it can be easy for you to forget to drink in moderation and to avoid driving. 

Drinking and driving can have deadly results, and it can also prove disastrous and lead to you receiving OWI charges. This is one situation that can put a serious damper on your mood this holiday season. If you do not want to potentially end up in jail, without a driver’s license and facing additional criminal charges from a thoughtless mistake, consider the following ways you can avoid an OWI charge. 

What is check fraud?

Indiana residents who are charged with fraud should be aware that the law treats these acts as harshly and sometimes more harshly as it does violent crimes. Fraud is something that happens frequently in Indiana and across the nation and comes in a variety of forms. One type of fraud is check fraud, also referred to as check deception. Knowing when an act constitutes check fraud and the penalties that accompany a conviction is vital to those who are accused of these violations of state law.

If a person issues a check a draft or any payment instrument from a credit institution to garner money or property while knowing that it is not going to be honored or paid then they will be committing check deception. It is usually a Class A misdemeanor, except in certain circumstances. The crime will be a Level 6 felony if it is for a minimum of $750 and less than $50,000. It will be a Level 5 felony if the amount is for a minimum of $50,000.

Indianapolis Colts consultant arrested for drunk driving

Indiana residents who are stopped by law enforcement on suspicion of driving under the influence should be aware of the various rules for blood-alcohol content level and what warrants an arrest. Although the BAC level is generally required to be .08 or above for the officer to arrest the driver, law enforcement still has certain discretion when they determine whether to make an arrest. However, if the driver is arrested for drunk driving, a BAC level that is recorded below the legal limit can leave a significant amount of wiggle room to lodge a strong defense. This is something that can be accomplished with the help of a qualified DUI lawyer.

A former NFL player who is now a team consultant was arrested for drunk driving. Robert Mathis, 36, who played for the Indianapolis Colts and is now consulting the team about its pass rush, was placed under arrest. The incident occurred after midnight. His vehicle was stopped after he allegedly drove the wrong way on a one-way street and did not signal when turning. He was tested to determine his BAC level and it was found to be .052. This is less than the level that generally leads to an arrest. However, after field sobriety tests, the arresting officer concluded that Mr. Mathis' impairment was too severe to allow him to drive.

What if I am charged with forgery in Indiana?

A white collar crime in Indiana can carry with it similar or worse penalties than other types of crime involving violence. An example of a white collar crime that is treated very seriously by law enforcement is forgery. For those who are facing charges related to forgery, it is imperative to understand exactly how the law views these infractions and to formulate a strong defense against the charges.

Forgery can quickly expand into other charges. For example, if a person signs another person's name to a check and tries to cash it, there can be charges beyond forgery such as identity theft and fraud. If the prosecution chooses to, other allegations and charges can be levied. For there to be a conviction for forgery, it must be shown that the person acted with the intent to defraud and used a document to pose as another person. That document can be a check, a prescription, a bond, a deed, a money order and more. In general, the act is treated as if the person was using another person's name for personal and illegal gain.

Man arrested for drunk driving, hitting child after football game

There is an unfortunately dangerous link between sporting events, alcohol consumption and Indiana drivers operating their vehicles under the influence. A previous post delved into this relationship. People who go to these games are often excited and many are younger, adding inexperience and recklessness into the risky mix of drinking and driving. This will often lead to accidents. When there is a crash, there can be injuries and fatalities. If the driver was under the influence, that will spark drunk driving charges with the accompanying penalties. Having a lawyer to provide guidance after drunk driving charges is imperative no matter the situation.

A student from a local university was arrested after a football game when he crashed his vehicle into a child and he was deemed to have been driving under the influence. The accident happened in the parking lot after the game. The man, 22, hit the girl in a separate parking lot from the stadium's main lot. He was given a test to determine his blood alcohol content level and it was found to be .212. The man stated that he was traveling at approximately 20 to 25 mph and could not see the victim. The girl was taken to the hospital with a skull fracture. The man faces multiple offenses related to driving under the influence.

Legal help is essential for Indiana white collar crime charges

People in Indiana who find themselves engulfed in a white collar crime investigation will undoubtedly be confused and somewhat fearful. These allegations can be stunning as most people are not even aware of what constitutes a white collar crime to begin with let alone think they are actively taking part in one to the point that it leads to an arrest. In other circumstances, a person might have gotten caught up in a situation where legal violations such as fraud and bribery were taking place and were arrested because of it.

White collar crimes are unique in that they carry substantial penalties that most will believe should be limited to violent crimes and major thefts. However, white collar crime charges can lead to hefty fines, a long incarceration, a negative perception in the community and professional ostracism. Lodging a defense against any white collar crime charge is vital.

Local political figure arrested on drunk driving charges

Being arrested on drunk driving charges can happen to anyone in Indiana regardless of their employment, financial situation and social status. No matter who the person is, law enforcement will act if they think there is a driver who is under the influence. Similarly, everyone has the right to a strong defense when they are arrested for drunk driving. The circumstances in these cases will often differ, but the one certainty is that drivers arrested must understand their rights from the beginning.

The president of a local town council was arrested for multiple offenses associated with DUI. The woman, 46, was arrested after a traffic stop of her 2016 Subaru Outback at approximately 5:20 p.m. When the stop was made, the officer found the woman was slurring her words when she spoke. In addition, the heater was turned high in what was an apparent attempt to cover the smell of alcohol on the woman's breath.

What are the Indiana penalties for underage DUI?

Drunk driving charges are taken seriously in Indiana regardless of the person's age. When it is a person who is driving under the influence when he or she was not even legally allowed to drink, there are different penalties assessed than for someone who is 21 or older. Those who are confronted with underage DUI should be aware that they will be subjected to various penalties just as a person who is 21. Although people who are under age 21 should know not to drink and drive, simply facing these allegations does not automatically imply guilt. With the consequences of a conviction, it is vital to formulate a defense against drunk driving charges.

In Indiana, it is against the law for a person under age 21 to even possess alcohol. They cannot consume it either, nor can they transport the beverage on a public highway if they are not accompanied by at least one parent or guardian. If there are charges related to this, it will be a Class C misdemeanor.

Alcohol's relationship with sporting events

It is no surprise many people enjoy having a beer or two at a sporting event. In fact, a report from ABC News found that approximately one out of every 12 people becomes legally drunk during these events. 

Anyone who drinks at a sporting event, or any other time, needs to stay away from a vehicle. This means people need to be mindful of how much they consume as well as pay attention to how much other people drink. Operating a vehicle while intoxicated is a serious offense, and, unfortunately, many people drink more than they realize when watching a game. 

Motorcyclist fleeing police arrested on drunk driving charges

People in and on a variety of different vehicles can face drunk driving charges. That can include a truck, a car and a motorcycle. Regardless, when a person is accused of driving under the influence, there can be a multitude of incidents that occur that can escalate the charges the person must deal with. With an arrest for drunk driving, the penalties can be harsh and long-lasting. Forging a strong defense is essential for any case no matter the level and number of charges the person is confronted with.

A man on a motorcycle was arrested on several charges after allegedly riding under the influence. The man was seen operating his bike in a reckless manner at around 3 a.m. He was stopped by a law enforcement officer, but tried to escape by an exit ramp on the roadway. At a curve, he crashed into the median. He again got on the bike and tried to get away. A police vehicle blocked his path. The bike crashed into the police car. He fell off the bike and was placed under arrest. He was hospitalized with minor injuries.