Danks & Danks
812-647-6687
Peace Of Mind And Results That Make A Difference

Evansville Legal Issues Blog

$225 drug conviction has $42,000 price tag

Any criminal conviction can have long-term consequences. Even though a criminal defense can reduce charges, a person may still face catastrophic financial and personal penalties. In one case pending before the US Supreme Court, a person a lost his $42,000 Land Rover under Indiana's civil forfeiture laws because of his conviction for a $225 drug transaction that did not lead to imprisonment.

The defendant bought the vehicle by spending part of the $73,000 he inherited from his father. At the time, he was an addict and spent the remaining inheritance on heroin and opioids. He twice used his Land Rover to obtain and sell drugs to undercover police officers.

Drunk driving concerns taking back seat in Indiana

A few years ago, drunk driving across the country was dropping because of better enforcement and education and using measures such as ignition interlock devices. However, Indiana residents may be concerned to hear that recent years show a disturbing trend where fatal car accidents involving a drunk driver are rising again.

Drunk driving fatalities dropped from 21,000 a year to 10,000 in 2011. However, these deaths rose in 2015 and 2016. There were 10,497 drunk driving deaths in 2016 which was the highest reported number of fatalities since 2009. Drunk driving is responsible for more traffic deaths than speeding or not using a seatbelt.

3 common myths about personal injury lawsuits

If you have suffered an injury in a motor vehicle accident, in a bicycle accident or as a pedestrian, you may have grounds to file a personal injury lawsuit. However, many people with legitimate claims never go through the process of filing a lawsuit to seek the compensation they deserve. This is often because they have incorrect information about personal injury lawsuits that deters them from pursuing their case.

Before you make a decision about whether to file a personal injury lawsuit, you should make sure you are properly informed about the specifics of these lawsuits. Here are three common myths about personal injury suits so you can separate fact from fiction:

Cell tower records need warrant according to Supreme Court

Cellphones records can be very persuasive in a criminal trial in Indiana. Therefore, they can present a significant challenge when one is establishing criminal defense strategy. However, constitutional protections apply to this evolving technology.

In its latest decision on protecting cellphone records, the Supreme Court ruled that law enforcement must receive a warrant before gaining access to cell tower records. These records can reveal a virtual chronology and map out a suspect's travels.

Wrongful death action does not survive plaintiff's death

Gathering evidence and taking appropriate legal measures are essential in holding negligent parties responsible through an Indiana wrongful death lawsuit. In a recent case, however, the estate of a woman who died because of alleged medical malpractice cannot receive survivor damages, because her husband died without having a will or naming heirs.

The husband filed the wrongful death action in 2007 against his deceased wife's doctor, treating hospital and others because their negligent care caused her death. He claimed he was owed survivor damages under Indiana's law for loss of her earnings, wages and benefits, reasonable value of her services and affection and companionship.

Bicyclist involved in 2 car accidents over 9 days

Pedestrians and bicyclists in Indiana face the risk of injuries from car accidents. This was recently brought to light when a 47-year-old bicyclist defied the odds by being struck twice by different hit-and-run motorists over nine days in Logansport, Indiana, last month.

Drugs and opioids are at the root of some fatal car crashes

Drunk driving has been a major factor in car accidents in Indiana and throughout the country. However, a recent report by the Governors Highway Safety Administration and funded by the Foundation for Advancing Alcohol Responsibility revealed the increasing danger of drivers who use marijuana and opioids.

The GHSA found that 44 percent of drivers killed in vehicle accidents tested positive for drugs in 2016. Over half of these drivers had marijuana, opioids or a combination of both in their system. Of these drivers, 38 percent tested positive for marijuana, 16 percent were positive for opioids and 4 percent tested positive for a combination of marijuana and opioids.

Car accident injuries can be life-threatening

It is not unusual for the victim of a car accident to experience injuries and harm from their involvement in their ordeal. In fact, some Evansville residents who experience the violence of vehicle crashes live the rest of their lives coping with the injuries they suffered. Injuries from vehicle accidents can vary greatly from collision to collision, but this post will discuss some of the common forms of harm accident victims can experience.

Head and neck injuries are common problems that car accident victims can suffer in a crash. This is because the victim's head can continue to move even if they are buckled in with seatbelts. Concussions and whiplash can affect a victim when their head moves forward and back due to the violent impact of vehicles crashing together.

Keeping your children's interests first in divorce

One instinct that often helps to fuel the drama in divorce is self-preservation. If your relationship has ended up in divorce court in Evansville, you might want to tread carefully. It is natural for you to want to do everything to ensure your personal interests come first in the negotiations and settlement. But if you have children, your interests should come secondary to their well-being.

Regardless of how stressed, angry and tired you may feel, your kids need someone who is going to do what it takes to ensure their needs are a top priority, especially since they have little control over the changes to come. Here are few ways to try to minimize the effects of your divorce on them.

Rental car rights drive forward

Most people in Evansville have been pulled over by police while driving, or know someone who has. Sometimes these traffic stops lead to criminal charges. In such situations, one's criminal defense strategy often depends on what happened when the police stopped the defendant in their vehicle and searched for drugs and other evidence. The U.S. Supreme Court recently expanded constitutional protections by ruling that people who borrow rental cars from a friend or family member generally have the same protections as the car's authorized driver during police searches. Prior to this ruling, police could pull over rent-a-car drivers who commit a minor traffic violation, because they could then search the car if that driver was not listed on the rental application.

Contact Our Firm

Email Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

1 SE 9th St Suite #101
Evansville, IN 47708

Phone: 812-647-6687
Fax: 812-426-0751
Evansville Law Office Map

Google Map