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Evansville Legal Issues Blog

Court reviews prosecution misconduct case

Prosecution and police must respect a defendant's constitutional rights regardless of the seriousness of the criminal charge. The Indiana Supreme Court is reviewing a case where the criminal defense attorneys claimed that police and prosecutors engaged in misconduct.

In this criminal manslaughter case, the defendant was charged with shooting and killing his wife in their Long Beach home in Dec. 2012. However, defense attorneys claimed that Long Beach and Michigan City police did not allow the defendant to call his attorney on the night he was arrested on Dec. 11, 2012. Police still interrogated him over several hours, took photographs and collected DNA swabs and adhesive lifts.

New tax law causes drunk driving fears

The changes to federal tax laws have created confusion, protest and celebration. More drunk driving car accidents may be another unexpected result.

The law, approved on Dec. 22, will lower taxes on forms of alcohol such as wine, beer, whiskey, vodka and tequila. The largest tax reductions will go to larger manufacturers although proponents touted the economic benefits for small craft brewers. Some manufacturers will save $1.6 billion in 2018.

Communicate with your insurer effectively after an accident

When an individual is in an auto accident due to the negligence of the other driver, it may be possible to receive compensation. In order to do so, many individuals choose to file an auto claim

In order to get the most for a claim, people must understand how to talk with their insurance providers properly. There are a few things to keep in mind when communicating with insurance companies.

Benefits of joint custody over sole custody

Divorce can spark a wide range of desires for divorcing parents. If disputes are running high and spouses are not getting along, this could cause some divorcing parents to seek contrasting parenting plans for their children. While some parents may work tirelessly to obtain primary custody, allowing only visitation to the other parent, other parents may find that joint custody may be more ideal for everyone involved.

Although a spouse may not want to share anything with his or her now ex-spouse, shared parenting is found to embody many benefits. These benefits are not only experienced by the parents but their children as well. To begin, recent studies have found that children in joint custody situations have better outcomes academically, emotionally and behaviorally when compared to those in a sole physical custody situation.

Proving fault following a fatal accident

It is never easy to deal with the loss of a loved one. This is especially true when it occurred unexpectedly. When accidents occur, we often ask ourselves, could it have been prevented. And, when a loved one dies in an accident, we further ask, was this the fault of a negligent party. If negligence or recklessness played a role in the death of a loved one, individuals in Indiana and elsewhere often seek justice by holding that party accountable.

The emotional, mental and physical pain that follow the loss of a loved one can be tremendous and traumatic. It can be difficult to process the event, making it challenging to cope with this loss. At Danks & Danks, our law firm is very sympathetic towards these matters; thus, we are dedicated to helping individuals in the Evansville area navigate a wrongful death action.

Shopping and driving is newest distraction

Distracted driving activities, such as texting and driving, have led to an increase in car accidents across the country. Remarkably, GM has developed technology that will allow drivers to shop while they drive.

In addition to texting on a cellphone, distracted driving has included changing a song on a music application and reading and sending emails. Other recent and potentially dangerous distractions include new built-in devices that allow texting, navigation and audio play.

Where do guilty admissions have to be recorded?

An admission of guilt may have serious consequences for a criminal defense. Indiana requires the police to record these admissions or confessions if they are made at a place of detention, such as a police station or any other building owned or operated by law enforcement.

The state supreme court is currently wrestling with the issue of whether a hotel room is a place of detention in the prosecution of an alleged heroin dealer. The court heard oral argument regarding the case in November. In this case, Grant County law enforcement enticed the defendant to a hotel under the pretense of looking to buy heroin. They arrested him after he arrived.

Parking lots pose pedestrian danger

The holiday shopping season increases the underestimated danger that parking lots hold for pedestrians. Each year, parking lots and structures are the scene of over 50,000 car accidents. These cause at least 500 fatalities and over 60,000 injuries in this country annually.

Texting and driving and other distracted driving were a major culprit, according to a National Safety Council public opinion poll. Its survey indicated that 68 percent of drivers across the country make phone calls while driving through parking lots.

How to avoid medication impairment and car accidents

One issue that has a significant impact on motorist safety in Evansville area is driver impairment. You may think that the only substances that can cause impairment are alcohol and illegal narcotics. But some prescription drugs and over-the-counter medicines can cause drivers to respond in the same way, acting intoxicated and making poor judgment calls when they are on the roads. 

You may or may not be under doctor’s orders to take medication to maintain your health. But you may periodically rely on store-bought medications to lessen the severity of any allergy and cold symptoms, or other physical discomforts you may have. If so, there is still the possibility that you are driving while impaired and do not realize it. To protect yourself and others from the devastating effects of driving while impaired and car accidents, consider the following suggestions. 

Federal agency criticizes other vehicle safety regulators

Motorists and passengers in Indiana and across the country rely on federal agencies to prevent commercial vehicle accidents. A federal National Transportation Safety Board report issued this month is unusual because the NTSB faulted another agency, the Federal Motor Carrier Safety Administration, for taking inadequate measures to keep unsafe carriers from the highways.

The NTSB investigated an accident that led to the deaths of four passengers on a coach bus on Aug. 2, 2016, near Livingston, California. The NTSB faulted driver fatigue by the motorcoach driver for the crash.

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