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Wednesday, January 12, 2011

Ind. Law - "Prosecutor files Alcohol charges against Bisard"

Updating this long list of ILB entries, and particularly this ILB entry from Aug. 23, 2010, headed "Blood draw law might benefit from another look by the legislature," which concludes:

Take a look at the entire IC 9-30-6-6, including the changes made to subsection (j) earlier this year.
WISHTV8 is reporting:
Marion County Prosecutor Terry Curry Tuesday announced his office is re-filing alcohol related charges against IMPD Officer David Bisard.

Six alcohol related charges were dropped by former Prosecutor Carl Brizzi back in August when his office determined the blood test that proved Bisard was intoxicated may not be admissible in court.

“As you are aware we made it clear during our campaign that we disagreed with the legal analysis which seemed to be the basis of the dismissal,” Curry said.

He stated that it is appropriate to have a judge rule on the admissibility of the blood test if Bisard’s attorney wishes to challenge the circumstances surrounding the evidence.

“After thoughtful and careful review of the case by this office, we think that if there is any ambiguity in the law as it relates to the admissibility of the blood test, then a judge should make that final determination,” Prosecutor Curry said. “We will make every argument we feel is appropriate for the test to be admissible and are committed to vigorously pursue this case.”

Here is the story from the Indianapolis Star.

Posted by Marcia Oddi on January 12, 2011 01:51 PM
Posted to Indiana Law