Many people believe that they have not refused a breath test in their OWI cases because they took a portable breath test at scene of the traffic stop. However, the portable breath tests results are only admissible to establish probable cause for an arrest. Portable breath test results are not admissible at trial because these tests have not been approved by the Indiana Department of Toxicology as being scientifically reliable. Therefore, even if you take the portable field test, you still are required to take the certified breath test at the police station or jail if requested by the police...
Blog: Criminal Defense
- Ask a Lawyer 112
- Legal News 45
- Firm News 28
- Appeals 9
- Criminal Defense 61
- Estates, Wills, and Trusts 21
- Family & Divorce 21
- Marijuana & Other Drugs 33
- Operating While Intoxicated 34
- Personal Injury 5
- Purdue University 7
It's a common question, and it may have bearing on you if your car is impounded. How does it work and is any evidence found permissible in court?
The importance of knowing the right words to inform the police that you want a lawyer before answering any questions was once again shown by a recent case decided by the Indiana Supreme Court. Unless you ask for a lawyer using the proper words, the officer may ignore your request and keep asking questions to try to get you to incriminate yourself.
Steven Knecht won a reversal on appeal of a dealing in marijuana conviction based on the prosecutor’s misconduct of using the defendant’s silence after the defendant had been read his Miranda rights against him in the jury trial.
In misdemeanor cases, the right to a jury trial is not automatic.