OWI Law in Indiana

[sentinel0]

What is the name of your state (only U.S. law)? Indiana
I live in Ohio and a couple months back I got a OWI in Indiana, my bac fit well within the Class C guidelines but I'm being charge with a Class A with endangering a person I was in a parked car that was running when the officer stopped me. No one else was in the car but myself. Is there anything I can do please help.

 

[Zigner]

What is the name of your state (only U.S. law)? Indiana
I live in Ohio and a couple months back I got a OWI in Indiana, my bac fit well within the Class C guidelines but I'm being charge with a Class A with endangering a person I was in a parked car that was running when the officer stopped me. No one else was in the car but myself. Is there anything I can do please help.

You need an attorney.

 

[betachains]

You need an attorney.

I want to ask the moderators why this guy is still allowed to post here.

Zigner posts incessantly, usually with one-line responses. Nothing wrong with that, but his answers are all trivial, with no legal, other-expert, or even commonsensical components.

I like free speech and all, but a 5 times/day troll of questionable intelligence doesn't add much to dialogue.

 

[sentinel0]

Sorry if I double reply, I do have an attorney I just don't think he's got the knowledge or maybe care for my case. I have a question that I do believe some one can answer though. What does this code mean(code below)? I'm being charge with Code 9-30-5-2(b) I blew a .114 and a .10 BAC The officer stated that I was lucky and I was getting a class c and they give me this Class A with endangering a person. I'm just very confused.
IC 9-30-5-1
Class C misdemeanor; defense
Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7; P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.1-2000, SEC.7; P.L.175-2001, SEC.5.

IC 9-30-5-2
Class A misdemeanor
Sec. 2. (a) Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.
(b) An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.

 

[ERAUPIKE]

Sorry if I double reply, I do have an attorney I just don't think he's got the knowledge or maybe care for my case. I have a question that I do believe some one can answer though. What does this code mean(code below)? I'm being charge with Code 9-30-5-2(b) I blew a .114 and a .10 BAC The officer stated that I was lucky and I was getting a class c and they give me this Class A with endangering a person. I'm just very confused.
IC 9-30-5-1
Class C misdemeanor; defense
Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7; P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.1-2000, SEC.7; P.L.175-2001, SEC.5.

IC 9-30-5-2
Class A misdemeanor
Sec. 2. (a) Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.
(b) An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.

I think there may be more to the story than this. What did you do before the car was parked?

 

[HomeGuru]

There is more to this story. I wish the car could talk like on the tv commercials.

 

[sentinel0]

From the discovery I was "apparently" involved in a domestic battery issue. With out going into the details to much my ex's mother called the cops on her about an hour before i arrived. Once i picked up the ex she called again and told them we were on the road. Wish i would have stayed on course and just drove back home but, the ex forgot something at the house so we had to circle back. The cops were called again, I had no knowledge of this as I never got out of the car and never spoke with anyone except my ex. I found all this out from the discovery given to me the other day. It sucks it is what it is. I just wanted to know if i was interpreting the law correctly not to get into whether I'm guilty or innocent. The reason on paper though as to why the cop got me out of a parked car that yes was running was that a domestic issue had occurred earlier and I was suspected of being involved. The officer did not tell me any of that when he took me in, that was again found out through the information released to me recently.

 

[dave33]

From the discovery I was "apparently" involved in a domestic battery issue. With out going into the details to much my ex's mother called the cops on her about an hour before i arrived. Once i picked up the ex she called again and told them we were on the road. Wish i would have stayed on course and just drove back home but, the ex forgot something at the house so we had to circle back. The cops were called again, I had no knowledge of this as I never got out of the car and never spoke with anyone except my ex. I found all this out from the discovery given to me the other day. It sucks it is what it is. I just wanted to know if i was interpreting the law correctly not to get into whether I'm guilty or innocent. The reason on paper though as to why the cop got me out of a parked car that yes was running was that a domestic issue had occurred earlier and I was suspected of being involved. The officer did not tell me any of that when he took me in, that was again found out through the information released to me recently.

The officer was not required to tell you any of that. It sounds as if the officer acted properly, so a plea bargain may be in your future. goodluck.

 

[robertreck19]

hello

This Code 9-30-5-2(b) means:

An operator of a motor vehicle who, while driving under the influence of drugs or alcohol endangers a person (including him/her self) commits a Class A Misdemeanor punishable by up to one year in prison and up to a $5000 fine. (IC 9-30-5-2)