Some days I love being a lawyer...

[raydog]

In Indiana, a refusal to blow causes an administrative suspension of your license, and the refusal is admissible. The only time it makes sense to refuse is if you are borderline - at 0.10, you might be 0.06 by the time they take you to the hospital and take your blood.

so the guy never made it home or to a friends house before the cops found him... brilliant

[purecarnagge]

You think they would already be trying to settle...I'm guessing he's waiting to have his public defender assigned?

Edit

I don't do it fulltime - just recreationally taking cases on referral.

Case I just got: The defendant just got out of jail for alcohol/drug charges. To celebrate, his friends take him out to a bar. On the way home, he smashes his truck into my client's vehicle at about 30mph without slowing down. He flees the scene, but his truck only makes it a block. After he's arrested, he blows a 0.26 BAC.

I'm not saying anything about my client - but the facts in this case make it fun. With cases like this, I hope the insurance company lowballs, so I can tell my client in good conscience to go to trial... This kind of case is a blast to try to a jury.

How does he actually have insurance...this is highly doubtful. He was just in jail... he shouldn't have a license with those kind of charges against him... No license no insurance...

[Justin7]

The guy who hit me is so broke so ****ed has no money...that i basically attempt to find him to garnish his wages as a joke. He always quits within 2 months.... Yet I have to go to a chiropractor 1x a week for the rest of my life....

Did you have insurance and file an "uninsured motorist" claim?

[IrishTim]

In Indiana, a refusal to blow causes an administrative suspension of your license, and the refusal is admissible. The only time it makes sense to refuse is if you are borderline - at 0.10, you might be 0.06 by the time they take you to the hospital and take your blood.

Justin, I've got a scenario and am interested in your scenario. Last March, 5-6 guys go to Buffalo Wild Wings in downtown South Bend on a weeknight, 2 or 3 of them have had some to drink but not so much that it's noticeable (perfectly calm in the restaurant, having fun with waiters, etc.). We're outside waiting for our cab, probably around 11 at night, and one friend goes to take a piss in the alley between BWWs and some other store next to it.

Next thing that happens, a cop car comes flying in, cursing and yelling at the one kid who went to the bathroom, then starts flipping out on the other 5 friends when they tell him to calm down, etc. Tensions are high, the 5 friends are finally instructed to go inside the restaurant. Within 10 minutes, there are 5-7 cop cars and 7-10 cops at the scene. Keep in mind, this is for peeing in an abandoned alley on an empty street on a weeknight.

Now there are a few questions about the ensuing events:

1.) The cops pretty much bullied the one kid, after isolating the rest of the friends, into submitting to a search (they're looking for a fake ID). Do they have a right to search the person in this case? He's outside the restaurant at this point, and we're all waiting for a cab.

2.) One of the cops, the only one who was acting reasonably about the whole event, went inside the restaurant and got some paper towels and other supplies to clean up the piss. The "offender" does so with the expectation that he'll be let off. No harm, no foul. He cleaned it up so what's the big deal (forgot to mention it's raining out)? That one reasonably cop leaves, and the other abusive 7-8 cops stick around instigating with all of the friends. To make a long story short, they end up issuing him a ticket for public nudity. So my question: is it legal for them to have him clean it up, and then issue a ticket for something like public nudity?