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Auto Accident Lawyers: DWI While Motorist Was Free on Bail

Indianapolis auto accident lawyers have noted a case involving DWI when an individual was out on bail for another DWI offense. A former officer in the Indianapolis Metropolitan Police Department who was arrested for DWI while out on bail following a DWI fatality may now face additional prison time. In April 2013, the man was in a single-car crash in Lawrence in which his vehicle rammed into a guard rail. A breathalyzer test administered at the scene established a blood alcohol level of 0.21. He was subsequently arrested and charged with a single count of DWI.

This DWI incident followed another that occurred in 2010. In the crash over three years ago, the man was driving a vehicle that injured two people and killed a motorcyclist. The man was found guilty of vehicular manslaughter in that case, and he was eventually sentenced to 16-years in prison in November 2013. At the time of sentencing, the man specifically addressed the second DWI offense that occurred the previous April, and he expressed remorse over the incident when he addressed the court.

Although the April offense that occurred while the individual was free on bail did not involve injury, the Marion County Prosecutor’s Office wants the maximum allowable jail sentence of one-year, given the timing and circumstances of this second DWI offense. The prosecutor indicates that the existence of a prior DWI conviction is a substantial aggravating circumstance in this case.

The attorney for the former IMPD officer did enter a guilty plea on behalf of his client on Jan. 14. He indicated that he sought to reach a plea agreement with the prosector, but was unsuccessful. As a result, a sentencing judge is expected to hand down a sentence on Feb. 5.

This case illustrates a number of things about driving while intoxicated in the present day. The long sentence handed down in November possibly reflects the court’s desire to hand down tough punishments when drinking and driving combine to kill an individual. At the same time, this case involves a second DWI that occurred years after the fatality occurred while the offending motorist was still out on bail.

For more information, or to speak with us about the specifics of your situation, please contact us.

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