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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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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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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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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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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