OWI cases in Tippecanoe County are filed in Tippecanoe Superior Court 6.
While every Indiana court conducts Initial Hearings, Tippecanoe County has several local procedures that people should understand before their court date.
Perhaps most importantly, some of the most significant driver’s license issues often begin before the Initial Hearing ever occurs.
Many people assume the Initial Hearing is the first important event in an OWI case. In Tippecanoe County, that is often not true. Once charges are filed, the Superior Court 6 Court frequently enters a probable cause finding and directs the BMV to suspend driving privileges before the Initial Hearing occurs. That is one reason many people hire an attorney immediately rather than waiting for court.
The biggest mistake people make is waiting until the Initial Hearing to hire an attorney.
OWI charges are often filed days or weeks before the court date.
Once charges are filed, license suspension issues can begin developing immediately.
The earlier an attorney becomes involved, the more time there is to address those issues.
For defendants who attend the Initial Hearing, the process typically begins before entering the courtroom.
Defendants generally:
Check in with the court office
Receive an Advice of Rights form
Review important information about the case
Watch a video explaining their rights
Appear before the Judge
The process is designed to ensure defendants understand their rights and the nature of the proceedings.
Superior Court 6 provides defendants with a written Advice of Rights form.
The form explains important constitutional rights and also contains information relating to driver’s license issues and possible penalties.
Many defendants are surprised to learn that license issues are addressed so early in the process.
One of the most important local procedures involves probable cause suspensions.
After charges are filed, Superior Court 6 frequently reviews the probable cause affidavit.
If probable cause is found, the Court may direct the Indiana Bureau of Motor Vehicles to suspend driving privileges for 180 days or until the criminal case is resolved.
This often occurs before the Initial Hearing.
As a result, waiting until the court date to develop a strategy can be risky.
When appropriate, an attorney may file a Notice to Stay the probable cause suspension.
The purpose is to prevent the suspension from taking effect while Specialized Driving Privileges are pursued or a short-term or zero suspension are negotiated.
Timing matters.
The sooner the issue is addressed, the greater the opportunity to avoid unnecessary interruption of driving privileges.
Tippecanoe County has several procedures that differ from many Indiana courts.
In most counties, a Petition for Specialized Driving Privileges for OWI is filed within the criminal case.
Tippecanoe Superior Court 6 requires the petition to be filed under a separate Miscellaneous (MI) cause number.
The petition must typically be filed within ten days of the earlier of:
Filing the Notice to Stay
or
The Initial Hearing
The Court then schedules a Specialized Driving Privileges hearing.
The Court requires significant detail regarding the requested driving privileges.
Depending on the circumstances, the proposed order may need to include:
BMV suspension identification number
Home address
Work address
Work schedule
Departure and arrival times
School information for children
Specific driving hours
If a person seeks permission to transport children, the proposed order should identify the school, and the specific times driving is requested.
Specialized Driving Privileges in OWI cases generally require ignition interlock.
Superior Court 6 utilizes S&C Ignition Interlock.
The proposed order should include ignition interlock requirements and be drafted for the full 180-day probable cause suspension period.
Individuals who drive as part of their employment often face additional requirements.
For example, the proposed order may require the person to carry a physical copy of their work schedule while driving.
This is one of several reasons it is important to properly prepare before the hearing.
Preparing an SDP petition requires gathering detailed information.
Our office uses technology and automation to help clients provide this information quickly.
For example, we use HubSpot questionnaires and secure client portals to gather information necessary to prepare:
SDP petitions
Proposed orders
Hearing materials
Because deadlines begin running quickly, early preparation is critical.
Yes.
For many misdemeanor OWI cases, an attorney can waive the Initial Hearing and Superior Court 6 will automatically schedule a future Pretrial Conference.
However, that future hearing may not occur for several weeks.
The fact that the Initial Hearing can be waived does not eliminate the urgency of addressing license issues immediately.
Not always. In many misdemeanor OWI cases, counsel can waive the hearing.
Possibly. In Tippecanoe County, probable cause suspensions often begin developing before the Initial Hearing.
Possibly. Eligibility depends on the circumstances of the case and the driver’s record.
In many Tippecanoe County OWI cases involving Specialized Driving Privileges, ignition interlock is required.
Because important license-suspension issues often arise before the Initial Hearing occurs.
You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.
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