On October 9, 2018, Attorney Marc Lopez had the chance to argue a client’s case to the Indiana Court of Appeals. This was a “traveling” oral argument, which means it didn’t occur at the Statehouse. Instead, it was held at Winchester Community High School with students, educators, and members of the local bar association in attendance. While he regularly advocates for his clients in both bench and jury trials, this was Attorney Lopez’s debut before the Indiana Court of Appeals.
In the most basic terms, his argument consisted of three separate issues: 1) whether the State of Indiana had proven all elements of the charges at trial; 2) whether the State had been late in providing the appellant with Miranda warnings; and 3) whether the Indiana Administrative Code requires strict compliance with regard to certified chemical test procedures. These may appear to be simple questions, but almost nothing at the appellate level is as straightforward as it seems.
Not every DUI / OVWI case goes to trial, and of those that do, it’s not very often that a client wants to appeal the verdict. Of all the criminal appeals in Indiana, the Indiana Court of Appeals only hears oral arguments for a fraction of them. All of this is to say that even for a successful trial lawyer, opportunities like this don’t come along every day. Attorney Lopez didn’t take a moment of it for granted.
If you or a loved one have been charged with the crime of operating a vehicle while intoxicated— more commonly known as DUI / OVWI—be sure that your attorney knows and understands DUI / OVWI law. Click here to read more about Attorney Marc Lopez’s experience defending DUI / OVWI charges in Indiana. Give him a call at 317-632-3642.