A Judge in Marion County has reaffirmed what many successful DUI / OVWI lawyers have always known – you actually need to be operating a vehicle to be convicted of operating a vehicle while intoxicated.
Yesterday the State of Indiana insisted on a trial where there was absolutely no evidence the accused operated a vehicle. The police arrived at a gas station to find the accused sleeping in a parking lot with her vehicle running. The vehicle was in park and, while not parked perfectly, in a place vehicles are expected to be found.
The Police Officers arrested my client, gave her the certified breath test and kept her overnight in jail. In addition to criminal charges, the State of Indiana suspended her driver’s license.
At trial a Police Officer “remembered” potentially incriminating statements made by the accused that were not in his official police report. On cross exam the Police Officers admitted that they had not seen the accused drive the vehicle. While the Deputy Prosecutors (there was more than one) mounted a vigorous defense, common sense prevailed. The Judge ruled that in order to convict someone of DUI / OVWI the State of Indiana needs to show actual operation.
The accused in this case was a client of Attorney Marc Lopez. This client spoke to numerous lawyers before she retained Attorney Marc Lopez. She informed Attorney Marc Lopez that he was the only one who told her she had a chance of winning and was willing to take her case to trial. Most of the attorneys she spoke to told her they could only help get her a good “plea” because DUI / OVWI cases are “almost impossible” to win.
It is important to remember that being charged and being convicted are two entirely separate things. Most importantly, simply because you are charged does not mean you can or will be convicted.
Attorney Marc Lopez represents individuals accused of drunk driving in the Indianapolis, Indiana area. He is a former Prosecutor with the Marion County Prosecutor’s office and was assigned to the OVWI Unit. Call Attorney Marc Lopez today at (317) 489-9611 or contact him through e-mail.