Gibson Law Office LAFAYETTE: (765) 742-8440 | FORT WAYNE: (260) 739-5425
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Blog
Nov26
Use of Breath Test Results in Indiana OWI Trial Require Officer to Have Been Properly Certified
The Indiana Court of Appeals reversed a man’s operating while intoxicated conviction in Montgomery County because the officer who conducted the breath test was not properly trained.  Defending OWI charges requires a detailed analysis of the evidence, including the administration of any breath test and the officer’s qualifications to administer the test. Gibson Law Office has experienced OWI attorneys in Lafayette and Fort Wayne. We strategically defend OWI charges and understand the strict technical requirements for the admission of breath test results.

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Nov25
OWI Endangerment is Not Established by Headlight Out at Night
The Indiana Court of Appeals reversed a man’s conviction for Operating While Intoxicated Causing Endangerment, a Class A misdemeanor, after a jury in the Clinton Superior Court found him guilty. The Court held that driving with a headlight out at night, while talking on a cell phone, is insufficient to prove endangerment.

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Nov22
Allen County Shoplifting Case Distinguishes Theft from Conversion
A Fort Wayne man was arrested for shoplifting and was ultimately convicted of Theft, a Class D felony, in the Allen County Superior Court. The Indiana Court of Appeals reversed the theft conviction and awarded a new trial. The Court found that the defendant had placed unpurchased merchandise in his bag, but he did not leave the store with the items. Therefore he was entitled to a jury instruction on Conversion, a Class A misdemeanor.

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Nov22
Illegal Possession of Alcohol (Minor Consumption) Conviction Reversed for Overnight Guest
The Indiana Court of Appeals reversed one partygoer’s conviction for Illegal Possession of Alcoholic Beverages (Minor Consumption) due to her status as an overnight guest and a police officer’s unlawful entry into the social host’s backyard. The Indiana Court of appeals found that although there was probable cause that the crime of minor consumption of alcohol was occurring, officers did not have justification to enter the home without a warrant.

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Nov15
Public Intoxication at Purdue: What Students Should Know in West Lafayette
For Purdue students, Indiana’s new public intoxication law provides a defense for  students walking home after a night of drinking in West Lafayette. It is no longer a crime to leave the Chauncey Hill bars intoxicated and walk across campus. To be guilty of public intoxication, the State must also prove that the person endangered the life of themselves or another person; breached the peace or were in imminent danger of breaching the peace; or harassed, annoyed, or alarmed another person. Gibson Law Office attorneys have extensive experience defending Purdue students.

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Information

Lafayette
Gibson Law Office
133 N. 4th St.
Suite 73
Lafayette, IN 47901

Phone: (765) 742-8440

Fort Wayne
Gibson Law Office
701 S. Clinton St.
Suite 300
Fort Wayne, IN 46802

Phone: (260) 739-5425
Email: info@bbgibson.com
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