Meet Your Attorney – Jesse K. Sanchez
Indianapolis criminal defense attorney, Jesse K. Sanchez, has years of experience defending crimes of domestic violence, all felonies and misdemeanors. From domestic battery and invasion of privacy to strangulation, confinement and intimidation. Can the State prove their case? What are your defenses? What if the alleged victim does not want to proceed with the case? Get some answers: Call Jesse K. Sanchez for a free consultation.
Indianapolis DUI/OWI Lawyer
Defending a Charge for Operating a Vehicle While Intoxicated in Indianapolis: It’s Never Simple
Only certain types of crimes require the skill of an Indianapolis DUI lawyer or an Indianapolis OWI Lawyer. There are few criminal offenses as complex as operating a vehicle while intoxicated (“OVWI,” sometimes called “DUI”). Consider, that to prove even a “simple” charge for operating, which is a Class C Misdemeanor in the State of Indiana, the State must show that a Defendant: 1) Operated a vehicle and 2) was “intoxicated.”
When do you need an Indianapolis DUI Lawyer? What about an Indianapolis OWI Lawyer?
Simple, right? Not even close. Even here, the case is quite complex. This is because the terms “operate,” “vehicle” and, especially, “intoxicated” are all legal terms that have been defined by law and debated over by lawyers and judges for decades. What does it mean to “operate” a car, for example? The Indiana Code says that “Operate” means to “navigate or otherwise be in actual physical control of a vehicle, motorboat, off-road vehicle, or snowmobile.” Ind. Code § 9-13-2-117.5. What does “physical control” mean? Is steering with the engine off enough? Does the engine need to be on at all? As you can see, there’s ample room to debate the issue. You need an Indianapolis Criminal Defense Lawyer, Jesse K. Sanchez at 317-721-9858 today!
If the State wishes to make its charge a Class A misdemeanor, then it gets even messier. In that case, the government must demonstrate that the Defendant “endangered” another person. And that raises a host of other issues and concerns. All this before we even begin to talk about:
- Whether the police had the right to pull the vehicle over
- Whether the police had the right to demand a breath test
- Whether the police performed the field sobriety tests in accordance with National Health Traffic and Safety Administration guidelines
- Whether the police officer was qualified as a drug recognition expert
- Whether the police performed the chemical test correctly and in appropriate time periods