How to Avoid Drinking and Driving This Thanksgiving

Posted on November 25, 2020 by admin

According to the National Highway Traffic Safety Administration (NHTSA), this holiday weekend historically has more vehicles on the roadways than any other time of the year. As a result, Thanksgiving weekend also happens to be one of the deadliest times of year, as the number of accidents and fatalities increase in parallel to the increase of cars on the road. Although there are several different reasons why so many more accidents take place around the last week of November, one of the top causes is intoxicated driving. Not only are there more people traveling on the road to reunite with friends and family for the holiday, but more people are also imbibing as a traditional way to celebrate the occasion.

Unfortunately, drinking and driving do not mix, and the seasonal car accident statistics reveal that all too well. If you plan on enjoying a few beers, cocktails, or glasses of wine over the holiday weekend, be sure you have rock solid plans for alternative transportation. In addition to potentially causing a car accident, driving under the influence puts you at a higher risk of being pulled over by police for a DUI.

Continue reading to learn some tips on how to avoid drinking and driving this weekend, and who to call if you are arrested for a DUI on Thanksgiving.

You Don’t Have to Drink and Drive on Thanksgiving

There is really no reason to drink and drive on Thanksgiving considering the fact that there are plenty of alternatives you can choose from, all of which are very affordable. As mentioned, driving under the influence, whether drugs, alcohol, or prescription medication, puts you at risk of causing serious car accident and hung yourself or worse, somebody else. Even if you feel like you’re perfectly fine to drive, or you only had a few, you still may be over the legal 0.08% BAC limit, and you may happen to pass by a DUI checkpoint.

If you are pulled over by law enforcement breathalyzer reads higher than the legal limit, you can be arrested and charged with DUI, which subsequently results in attorney fees, court fees, fines, community service, probation, and several other core over penalties, including possible jail time. Basically, drinking and driving is never worth it. Any alternative available to driving drunk is much cheaper than a DUI, and delivers a much better outcome than causing yourself or anyone else harm.

Tips to Avoid Getting Behind the Wheel This Thanksgiving Weekend:

?? Designate a Driver. If you know you’re going to be drinking at the place you are going to be eating and celebrating Thanksgiving dinner, simply plan ahead for a safe ride. Ask a friend or family member who will be attending to take you home after the celebration is over if they are someone does not drink alcohol. Or simply designate yourself as the sober driver by not drinking at all. You can also designate a ride-share driver for the job.

?? Use a Ride-Share App. Ride-sharing apps are all the rage these days, mostly because they are so affordable and convenient, but also because they save lives by offering a fast and inexpensive alternative to driving drunk. If you cannot arrange a ride ahead of time for your Thanksgiving celebrations, simply download a popular ride-sharing app, such as Uber or Lyft, to catch a cheap ride home. Compared to taxis, they are a fraction of the cost and only minutes away on demand.

?? Stay the Night. If you are celebrating Thanksgiving somewhere you are very comfortable or familiar with, such as a close relative’s home or friend’s house, plan to simply stay the night instead of driving home. Not only does this give you more quality time to spend with your loved ones this holiday, but it also takes away any pressure of waking up from that post-turkey nap! So long as you have a good 8 hours of sleep, plus a good breakfast, you should be safe to drive home in the morning.

Thanksgiving DUI Arrests Can Happen to the Best of Us

If you or a loved one is arrested on Thanksgiving for driving under the influence in Indianapolis, contact a criminal defense lawyer as soon as you are released from jail. The sooner you arrange legal representation, the more time your attorney has to save your driving privileges, as well as build you a strong case to avoid the maximum penalties for your charges.

An Aggressive Indianapolis DUI Lawyer You Can Trust

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis, Indiana that doesn’t back down. Our licensed DUI defense lawyers will work around the clock to protect your rights and preserve your freedoms, including your driving privileges. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

What is the Difference Between Aggravating and Mitigating Factors?

Posted on November 20, 2020 by admin

It is common knowledge that magistrates of the court have extensive discretion when handing down criminal sentences. Although there are advisory sentences in almost all states, the judge has the ultimate say in how a convicted criminal will serve their sentence. But what sways the mind of a judge when deciding on how to sentence someone? What influences their final decision? Well, there are various factors that courts and judges use to determine a fair and fitting sentence for the type of conviction and particular person. Two of the most influential, however, are mitigating factors and aggravating factors.

Continue below to learn the difference between mitigating factors and aggravating factors, and where to turn for help with your pending criminal charges.

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Aggravating Factors are Not to a Defendant’s Advantage

Aggravating factors are any elements of a criminal case that make the crime worse. Basically, there are types of criminal offenses that are particularly reckless, careless, cruel, or otherwise heinous in some way. If a judge observes aggravating circumstances to your criminal case, it is not a good thing. Fortunately, you have wisely chosen to hire private Indianapolis criminal defense lawyer to protect your rights, minimize your penalties, and keep you out of jail. If you have a public defender, you are gravely at risk of being sentenced to the maximum penalties for your crime and all relevant aggravating factors. There are 11 aggravating circumstances decreed by statute here in Indiana.

Examples of Aggravating Factors:

✏ Having a history of criminal or delinquent behaviors

✏ Causing harm, injury, loss, or damage to another

✏ Knowingly committing a crime in the presence of children or minors

✏ Committing a crime after violating probation or parole

Mitigating Factors are Beneficial to a Defendant’s Case

Oppositely, mitigating factors are any elements or circumstances of a criminal case that lessen the severity of the offense. But similar to aggravating factors, there are 11 mitigating circumstances decreed by state statute. For instance, if a person committed a crime as a result of extreme provocation, has no history of criminal activity or delinquent behavior, or the crime did not result in bodily or property damage, a judge might consider these as mitigating circumstances.

To reach a sentencing decision, judges typically take into account the total number of mitigating circumstances versus any aggravating ones. However, they also consider the difference in weight. Depending on which factors outweigh the others, a judge will choose to reduce or increase a defendant’s sentence. With a seasoned criminal defense attorney on your side, you don’t have to worry about being sentenced to the maximum penalties for your charges. Be sure to hire one as soon as you are released from jail, or receive a notice of indictment.

Where to Get Trusted Indianapolis Criminal Defense You Can Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Can I Expunge My Arrest if I Am on Probation?

Posted on November 17, 2020 by admin

Depending on the state you live in, or the state your charges are filed in, the criminal process of expungement, including the statutes that surround it, will differ slightly. It is best to discuss criminal record expungement with a licensed attorney that has undertaken expungement law in their practice. Choose an attorney that is well-versed in your state’s new or changing expungement laws, and you can rest assure knowing your application is in good hands.

Continue reading to learn which factors can have your application for expungement denied, and whether or not you can apply while on probation for a previous crime.

Your Possible Eligibility for Arrest Record Expungement

There are several factors that influence whether or not a person is eligible for criminal record expungement. Primarily, the person has to be crime-free and arrest-free for a number of years, and at the same time, a certain number of years must pass from the date of the criminal charge they wish to expunge. Depending on the charge, crime, and extent of criminal record, the time that must pass will vary. Generally, it must be at least 5 to 8 years for misdemeanors and felonies in Indiana, but can be up to 10 years for more serious crimes. Again, these time obligations vary depending on the state the charges were originally filed in.

For more serious felony crimes, like sexual offenses or manslaughter, are never eligible for expungement. This does not vary from state to state. And to answer the original question of applying for expungement while on probation is no. If a person has pending charges or is on probation for a recent crime, they are not eligible for criminal record expungement, and must wait at least five years from the date of their last arrest before they become eligible again. But depending on the criminal charges, it could be between 8 and 10 years.

What You Need to Do First

It is best to speak with a licensed criminal defense attorney who specializes in Indiana appeals and expungement to learn more about your eligibility. They can evaluate your case and determine the best strategy for your defense. They will be able to facilitate the entire application process for you, correctly. You only have one chance to apply and be granted expungement, once you do so, you can never do so again. So, it is imperative to have an experienced criminal defense attorney help you through the process.

Where to Get Started With Criminal Record Expungement in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Is Weed Legal in Indiana?

Posted on November 11, 2020 by admin

With so many other states in the country making or having made specific amendments to legalize or decriminalize cannabis, it is no surprise that many United States civilians are having trouble keeping track of which states are on board and which are not. This is especially the case with the recent elections taking place. Continue below to learn the current weed laws in Indiana, and what you need to do if you are facing charges for marijuana right now.

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Weed is Not Legal in Indiana

Although states like Colorado, Illinois, Arizona, and even Washington have passed laws that allow medical marijuana, or legalized and decriminalized weed in some way, Indiana is not there yet. In Indiana, weed is illegal. In Marion County, on the state level, marijuana crimes have been decriminalized in some way, but that does not mean it is decriminalized on a federal level. Federal law always trumps state law in the case of question. And as for cannabis, it is illegal under federal law by way of the Controlled Substance Act.

Here in Indiana, marijuana possession under 30 grams is a Class A Misdemeanor, which is the most serious misdemeanor level. It is punishable by up to one year in jail, and up to $5,000 in fines. For crimes of marijuana sales, cultivation (growing), and trafficking, the charges jump to a federal level, and the penalties are much harsher.

Indiana Code 35-48-2-1, et seq.; 35-48-4-10, 11 – Marijuana Possession and Sales

⚖► Possession Under 30 Grams – Class A Misdemeanor; Up to 1 Year in Jail; Up to $5,000 in Fines

⚖► Possession Over 30 Grams – Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 3o Grams to 10 Pounds– Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 10 Pounds or More – Level 5 Felony; 1 to 6 Years in Jail; Up to $10,000 in fines.

Were You Arrested for Marijuana Possession in Indianapolis?

If you were recently arrested for a marijuana crime in Indianapolis, your most critical priority is to hire an aggressive criminal defense lawyer to fight your charges, and avoid conviction. Choose a skilled and experienced criminal attorney who specializes in Indiana marijuana drug crimes.

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. We understand just how unsettling a marijuana charge can be for our clients. We know drug crimes immediately affect several aspects of a person’s life, as well as their families.

Whether arrested for recreational possession or large-scale trafficking, we provide our clients with the most effective legal strategies and options in order to best resolve their legal issues and protect their freedoms. Case dismissals, reductions, and alternative sentencing agreements for marijuana charges are absolutely possible when you call David E. Lewis, Attorney at Law.

FAQS About Bankruptcy Fraud in Indiana

Posted on November 6, 2020 by admin

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

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What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Will I Be Pulled Over for Texting and Driving in Indiana?

Posted on November 2, 2020 by admin

Indiana’s Distracted Driving Law, Indiana Code 9-21-8-59, went into effect on July 1^st, 2020. Also known as the Hands-Free Law, this new state ordinance makes it illegal for a driver to type, text, or read their cell phones while operating a vehicle. Typing, texting, and reading includes all related cell phone actions, such as text messaging, sending/reading an email, typing into a search bar, entering in GPS navigation, and more.

If this new law seems confusing to you, continue reading to learn the facts you need to know to avoid being pulled over for being in violation.

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Indiana’s Distracted Driving Law

What is Distracted Driving?

Indiana law defines distracted driving as any non-driving activity that can potentially cause a driver to lose focus of their primary task of operating a motor vehicle. Don’t think distracted driving is that serious? According to the U.S. Department of Transportation, in 2012 alone, over 3,000 victims lost their lives in motor vehicle collisions that resulted from a form of distracted driving.

So, what really dictates driving while distracted? There are several examples of such behaviors while driving, all of which can fall under visual distraction, manual distraction, or cognitive distraction. Visual distractions take a driver’s eyes off the road, while manual takes their hands off the wheel, and cognitive takes their mind off their task of driving.

Distracted driving examples include eating, rummaging through purses or bags, assisting children in the backseat, sending or reading messages on the phone, putting on makeup, checking or posting on social media, taking selfies, physical intimacy with a passenger, and any other action of electronic messages and written communications.

Exceptions to the Rule

There are exceptions to the Indiana Hands-Free law, however. Drivers are permitted to use their cell phone for emergency situations, such as receiving an urgent message, reporting criminal activity, or calling for emergency services. Drivers may also preset and listen to GPS navigation, talk on the phone, and play music from their phones. But drivers MAY NOT talk on their cell phones while driving through school zones.

Legal Penalties for Violating the Distracted Driving Law

Using the phone while driving is now against the law in Indiana, which means that anyone pulled over and cited for violating the state’s Hands-Free Law can face a variety of penalties depending on the specific details of their violation. Mostly, those who are found guilty of violating the Distracted Driving Law will face fines up to $500. For more serious situations, such as causing a car crash due to violating this law, violators face harsher penalties, possibly Class C misdemeanors and additional fines.

A Fair Warning to Avoid Criminal Prosecution

The Indiana Distracted Driving Law is considered a “Primary Law”, which means law enforcement can pull you over immediately and cite you, and for no other reason. If you are in possession of drugs, or have been drinking, the office can further investigate and arrest you at their own discretion. If you believe you were illegally pulled over and arrested in Indiana, contact an aggressive criminal defense attorney who will fight for your rights and preserve your driving privileges.

An Indianapolis Indiana Criminal Defense Attorney You Can Trust

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indianapolis, Indiana. As an experienced and accomplished criminal defense attorney, he will build you an impactful and aggressive defense to beat or reduce your sentence. Trust our Indianapolis criminal defense law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.

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Monthly Archives: November 2020