CRIMINAL DEFENSE

The question of whether or not you can refuse a breathalyzer in Indiana is one that many people ask themselves, and the answer is actually quite complicated. There are some who think that refusing to take a breathalyzer test may be an option to avoid charges of operating while intoxicated (OWI), but there are other factors to consider, as well.

In this article, we will explore exactly what the law says about refusing a breathalyzer in Indiana and how it might affect your case if you’re ever pulled over by police while driving under the influence. If you were already arrested, contact an Indiana criminal defense attorney right away. 

Are You Required to Submit to a Breathalyzer in Indiana?

If you are pulled over in Indiana, and the officer suspects that alcohol has played a role, they will likely ask for your consent to perform a breathalyzer test. What many people do not realize is that under Indiana’s implied consent law, you agree to submit breath samples by simply holding a driver’s license or operating a vehicle. 

While you can always say no, remember that there are consequences if you refuse this request from law enforcement without any legitimate reason or justification (such as being unconscious). 

What are the Consequences of Refusing a Breathalyzer?

If you refuse a breathalyzer, it’s likely that the police officer will still find probable cause to arrest you. This is often based on observations of intoxication, including the odor of alcohol, stumbling, slurring words, bloodshot eyes, open alcohol containers in the car, and more. If you are arrested based on other evidence, you can face charges of both OWI and refusing to submit a breath sample. 

Deciding to refuse a breathalyzer can lead to additional criminal allegations and harsher punishments, including license suspension and fines up to $500 on top of other penalties for your OWI case, like jail time.

Should You Hire a DUI Lawyer?

If you refuse a breathalyzer test, it’s recommended that you speak with a criminal defense attorney immediately. The consequences of refusing to take the test can be severe, and you need a lawyer to address this case as soon as possible.

Additionally, there are many other factors to consider in Indiana, such as how much alcohol did you consume? Do you have any prior DUI charges on your record? Is this a first-time offense? In all of these cases, hiring a lawyer is always advised.

In the event that you decide to refuse a breathalyzer test, even if you weren’t driving under the influence, hiring a DUI lawyer will help you navigate these complicated waters and avoid the most serious criminal penalties.

Schedule a Free Initial Consultation with an Indiana Criminal Defense Lawyer

Do you want to learn more about how you can hire a reputable DUI law firm? If so, our team at Tanzillo Stassin & Babcock P.C. is ready to help. Contact us today to schedule a free initial consultation to discuss your legal situation.

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CDL DEFENSE

Indiana law sets out many different criminal offenses of varying severity. While each offense has its own elements the prosecutor must prove, crimes are generally categorized in one of two ways – as either a felony or misdemeanor. 

You should always understand the nature of your charges and the potential consequences you face, and an experienced Indiana criminal defense attorney can advise you what your charge might mean for your case. 

Misdemeanor Offenses

Generally speaking, misdemeanor charges are less severe than felony charges, though this does not mean you can take them lightly. You can still face harsh penalties for misdemeanor convictions, including:

• Class A misdemeanors = Up to one year in jail and $5,000 in fines
• Class B misdemeanors = Up to 180 days in jail and $1,000 in fines
• Class C misdemeanors = Up to 60 days in jail and $500 in fines

Misdemeanor cases are often quicker to resolve in criminal court, and you can never be sentenced to more than one year of jail time. Some common misdemeanors include first-time driving under the influence (DUI), possession of marijuana, petty theft, and more.  

Felony Offenses

Felony charges are reserved for violent crimes or crimes that caused severe financial harm or risk to others. Felonies can range from grand theft to drug distribution to murder, and include everything in between. 

Felonies mean there is the possibility of more than one year of imprisonment as a sentence. The possible sentences for felony convictions in Indiana include a possible $10,000 fine, as well as:

• Murder (unclassified felony) = Between 45 and 65 years in prison or death
• Level 1 felony = 20 to 40 years in prison  
• Level 2 felony = 10 to 30 years in prison
• Level 3 felony = Three to 16 years in prison
• Level 4 felony = Two to 12 years in prison
• Level 5 felony = One to six years in prison
• Level 6 felony = Six months to 30 months in prison

Felony charges require a grand jury to indict you or a judge to rule that your felony charges may proceed at a preliminary hearing. 

When Can Charges Escalate?

In some cases, you might commit a misdemeanor offense but face felony charges. This might be due to:

• Prior criminal history
• Use of a weapon
• The identity of a victim
• The location of the crime, such as near a school
• The degree of harm caused
• Other aggravating factors

A skilled defense lawyer can try to get your charges reduced to misdemeanors as part of a plea agreement whenever possible, as well as present other strong defenses based on your circumstances. 

Speak with an Indiana Criminal Defense Lawyer for Help Right Away

If you are facing any type of criminal charge – whether it is a misdemeanor or felony – you need the help of an Indiana criminal defense attorney from Tanzillo Stassin & Babcock, P.C. as soon as possible. Contact us as soon as you are arrested so we can begin building your case and protecting your rights. 

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AUTO ACCIDENTS

Motorcyclists get into accidents on a regular basis, and many accidents can result in serious or life-threatening injuries. In fact, reports show that more than 5,000 motorcyclists died in wrecks in 2019 alone, so it is important to avoid accidents whenever possible. 

While motorcyclists can never control the actions of other drivers, they can take steps to help avoid being involved in an accident. In the event of a crash and injuries caused by someone else, always contact an Indiana motorcycle accident lawyer right away. 

Defensive Driving

Drivers of cars and trucks are expected to share the road with motorcycles, and it could be all too easy for motorcyclists to constantly become angry with drivers who do not respect their space on the road. However, becoming angry or aggressive will only increase the chances of an accident. 

Instead, motorcyclists should always drive defensively, making sure that they are within all traffic guidelines and that they never ride aggressively. Further, always assume that drivers do not see you on your bike, as they might be distracted, and ride alongside cars and trucks accordingly.

Stay Alert

All distracted drivers are dangerous, and that includes motorcyclists. Even the slightest distraction can cause you to miss an obstacle in the road or stopped traffic. When you are alert, you can keep track of all the cars around you and better prepare for when someone makes a sudden lane change or another dangerous movement on the road. 

Know How to Keep Control of Your Bike

While some people might say that laying down your bike to avoid a crash is best, some safety experts say it is best to try to maintain control upright. You should always know how to use your brakes and steering to stop short or avoid obstacles when needed. 

Every motorcyclist should take a safety course on how to maintain control of their motorcycle, and refresher courses over the years are always wise. You can never have too much safety knowledge when it comes to staying out of an accident on your bike. 

What if an Accident Happens?

If a driver is negligent and slams into you as you are riding your motorcycle, you might suffer serious injuries. You should know what to do following such as crash:

• Call 911 right away
• Take an ambulance ride if you need one
• Seek medical care as soon as possible if you don’t need emergency transportation
• Once your health is stable, contact an Indiana motorcycle accident lawyer

The right lawyer will be able to guide you down the path to financial recovery. This can involve filing insurance claims against drivers or companies or potentially filing a lawsuit in civil court. You want to make sure you receive full compensation for your medical bills, lost income, and other losses. 

Contact an Indiana Motorcycle Accident Attorney Right Away

The legal team of Tanzillo Stassin & Babcock, P.C. represents injured motorcyclists following serious accidents. Contact us to discuss a possible claim and how our legal team can help.

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DRIVERS LICENSE SUSPENSION

You might have known people who made it through charges of driving under the influence (DUI) or operating while intoxicated (OWI) in Indiana, and it might not have seemed like that big of a deal from an outside perspective. However, when you see the flashing lights in your rearview mirror and find yourself getting arrested for your first DUI, it can seem like a much more concerning – and even frightening – matter. 

You are right to take a DUI seriously, as even a first offense can have serious penalties and lasting effects on your life. It is important to immediately contact an Indiana DUI defense attorney who you can trust. 

The DUI/OWI Process

Once you are arrested on suspicion of DUI, you will be booked at the police station, and you might have to undergo additional chemical testing, such as a breath, blood, or urine test. After posting a bond, you might leave with a summons or receive one in the mail. 

The prosecutor will issue DUI/OWI charges if they believe that:

• A chemical test showed a blood alcohol content (BAC) of 0.08 or above (or less for new drivers or commercial drivers)
• A chemical test showed you had unlawful drugs in your system
• The police had other evidence that your driving abilities were impaired

You should contact a DUI defense lawyer so they can prepare for your first court date. This involves examining the circumstances of your arrest, identifying any applicable defenses to your charges, and addressing any administrative penalties. 

Your lawyer will then represent you at all court appearances, as well as prepare you for your role in the court hearings. They will be there every step of the way to navigate the process for you and seek the best possible resolution.

Resolving Your Case

There are different options when it comes to DUI case resolution. Some ways your case might resolve include:

• Dismissal, if your attorney gets key evidence thrown out or there are other problems with the prosecution’s case
• Guilty plea, which should be in exchange for a favorable plea bargain your attorney negotiated with the prosecutor
• Conviction at trial if you fight your charges in court

You should never plead guilty to any charges without guidance from your defense lawyer. They can help you make sure that you do not plead guilty when you shouldn’t or if you can get a better deal. 

If you are convicted of a first DUI in Indiana, the penalties will vary depending on the circumstances of the allegations. You could face, for example:

• Up to $5,000 in fines
• Up to one year in jail
• Court costs and other fees
• Suspension of your driver’s license
• Substance abuse treatment or education
• Ignition interlock device

Speak with an Indiana DUI Defense Lawyer Right Away

Our Indiana OWI defense attorneys at Tanzillo, Stassin & Babcock help people avoid overly serious or wrongful penalties for first-time defendants, as well as multiple offenders. Contact us for assistance as soon as you can.

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AUTO ACCIDENTS

When you are injured in a truck accident, you will need to prove who – or what – was at fault for the crash in order to recover the full compensation you deserve for your losses. Determining fault in truck accidents can be a challenging and technical task, especially since trucking companies and their insurers will likely try to challenge liability. You want to have an Indiana truck accident attorney helping you with the process as soon as possible after your injuries are stable. 

Investigating Fault

It is helpful to launch a truck crash investigation quickly to reduce the chances that evidence might disappear. These investigations involve many components, such as:

• Request and review the police report that was filed, as this report might indicate that the truck driver violated a traffic law
• Take photos of the accident scene and see if there is any video footage of the accident available from nearby surveillance cameras or witnesses
• Request all relevant documentation from the trucking company, including driver logs, data from the truck’s black box and other computer systems, hiring records for the driver, and more
• Review post-accident drug and alcohol test results from the truck driver
• Examine vehicle damage
• Speak with witnesses to the accident

In some cases, we might need to hire accident reconstruction specialists who can give their expert opinions on what caused the crash. They can provide reports and testimony that we can use as proof of fault for the crash.

Common Causes of Truck Crashes

There are many possible causes of truck accidents, which is one reason why it can be so difficult to determine fault. In many cases, the truck driver is the one who makes an error and causes a crash. This can happen in many different ways:

• Driving while fatigued or violating hours of service restrictions
• Failing to properly inspect the truck each leg of the trip
• Not making sure that all cargo is properly loaded and secured
• Driving while under the influence of alcohol or drugs (including prescription drugs)
• Driving when the truck is overweight
• Engaging in distracting activities while driving, including (but not limited to) texting or using a handheld device
• Speeding or driving too fast for conditions
• Violating any other traffic laws or FMCSA trucking regulations

When a driver makes an error, the trucking company that employs the driver can also be held vicariously liable for the driver’s negligence. In addition, trucking companies might be at fault due to negligent hiring or supervision of the driver, inadequate maintenance of the truck, or other negligent acts. When the trucking company is involved, you can expect a battle against a corporate insurance company, which makes having strong proof of fault that much more important. 

Let an Experienced Indiana Truck Accident Lawyer Help You

After a truck accident and injuries, you want the Indiana truck accident attorneys of Tanzillo, Stassin & Babcock on your side. You want to start investigating and protecting your rights as soon as possible, so do not wait to contact us for your case evaluation.

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AUTO ACCIDENTS

Rideshare apps like Lyft and Uber have made transportation services more convenient. However, as ridesharing has risen in convenience as well as popularity, car accidents involving Lyft and Uber have risen as well, and accidents involving rideshare drivers happen fairly regularly. There are many legal issues that can arise in accidents involving rideshare vehicles, but in some cases, victims can recover significant compensation.

If you suffered injuries in a crash involving a rideshare driver, the resulting liability claims could be complicated. Always seek help from an Indiana rideshare lawyer as soon as you can. 

Who is Liable If You are Involved in a Rideshare Accident?

If you are hurt in a rideshare accident, there are multiple parties that may be liable. As is the case with other motor vehicle accidents, the at-fault party or parties will be the ones responsible for compensating you for your injuries and losses. This makes it critical to identify all possible sources of liability.  

Some parties that might be liable for your injuries include:

• Rideshare driver – If the rideshare driver was negligent, their insurance should cover your losses. 
• Rideshare companies – If the rideshare driver was negligent while they were picking up a passenger or had a passenger in the car, there will be supplemental liability coverage by Uber or Lyft.
• Third parties – Not all rideshare accidents are the fault of the rideshare driver. If another driver was to blame, their insurance should be liable for your losses. 

The claim can get even more complicated when two or more parties share fault. You need to seek compensation from all liable parties, and this is best accomplished with the help of an experienced rideshare lawyer.

Are Uber And Lyft Drivers Required to Have Insurance?

Most drivers are covered by their personal auto insurance policy. However, personal auto insurance policies contain a business-use exclusion clause, which means that coverage does not apply when the driver is using their vehicle for business purposes. So how would you get reimbursed if a rideshare driver is responsible for your accident? 

Both Lyft and Uber provide liability coverage for their drivers, though the amount of coverage provided depends on the period in which the driver is in. There are four different periods for coverage, and determining which coverage applies to you can be highly complicated. 

Contact Our Indiana Rideshare Accident Attorneys

Rideshare accidents can lead to multiple insurance claims, and dealing with all of these companies can be complicated. While you are focused on recovering from your injuries, you want an experienced lawyer handling the claim process. The right legal representation can relieve stress and often improve the outcome of your claim.

Contact Tanzillo, Stassin, and Babcock, P.C., if you have been injured in a ridesharing accident and learn how our attorneys can help you. If you are in Northwest Indiana or Illinois area, please contact us today for a free consultation and to learn more about our services and how we can help.

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AUTO ACCIDENTS

Each year, there are thousands of people involved in traffic accidents. If you or someone you know is involved in a car accident, will you all know what to do during the aftermath? It is important to know what to do after an accident, and the following is a brief checklist of suggestions to help drivers anticipate what they should know about how to deal with an accident. For more questions, contact our Indiana car accident attorneys. 

Always be Prepared

It would be wise to keep an emergency kit in your glove compartment. You should not only have your cell phone with a camera in the car, but you should also have something to take notes with and something that has information about your conditions or allergies. 

Exchange Information

Make sure you exchange information with the other driver or drivers involved in the accident. The information that you should exchange is your/their name, address, phone number, insurance company name, driver’s license number, and license plate number. If the driver of the vehicle is different from the person whose name is on the insurance policy, be sure to establish the relationship between the two individuals. It is wise to exchange all of this information so that way it will be hassle-free once the police arrive. 

Document the Accident

In order to help protect yourself and your passengers, be sure to document the accident. Identify the officers on the scene if the police were called. Make sure to get a copy of the accident report because your insurance may ask for the report, and you should provide this to the insurer through your attorney. Be sure to talk to witnesses as well, and take as many photos or videos of the scene as possible.

Seek Medical Attention

If you have serious injuries, you might need emergency transportation in an ambulance. Even if you do not, however, it is wise to get a medical evaluation right away if you feel any pain, stiffness, disorientation, or anything out of the ordinary. Getting all of your injuries diagnosed as soon as possible can improve your prognosis, as well as provide clear evidence that the accident caused these injuries. This can help with the insurance claim you will file if someone else was responsible for causing the accident. 

Contact Our Indiana Car Accident Attorneys

A car accident can leave anyone distraught and not knowing exactly what to do. However, not taking the necessary steps can mean losing significant compensation that you deserve under the law. This is why it is important to have the guidance of an experienced Indiana car accident lawyer as soon as possible after a crash-related injury. We can help you pursue the full compensation you deserve. 

Contact Tanzillo, Stassin, and Babcock, P.C., if you have been injured in a car accident and learn how our attorneys can help you. If you are in Northwest Indiana or Illinois area, please contact us for a free consultation.

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TRUCK ACCIDENTS

Vehicular collisions are very common, and they result in millions of accident-related injuries every year. While car accidents can have serious consequences, semi-truck accidents can be significantly worse. These accidents result in about 83,000 injuries and 5,000 fatalities each year. 

There are many specific factors that relate to semi-truck accidents more so than any other auto accident, and this can result in different issues that arise in subsequent injury claims. Always have the help of an Indiana truck accident lawyer after a crash. 

Semi-Truck Regulations

The trucking industry is heavily regulated by both state and federal mandates to reduce collisions and save lives. These mandates are administered and regulated by the Federal Motor Carrier Safety Administration (FMCSA). This entity aims to ensure that all on-road driving is safe and legal. They also make sure that commercial trucking companies and drivers follow safe practices to protect themselves and others. 

In addition to truck drivers, trucking companies are also required to fully understand and abide by FMCSA regulations, which include maintenance obligations, drug and alcohol testing for truck drivers, and load weight restrictions. Individual states also have their own semi-truck regulations within their borders. 

All of these regulations might come into play in truck accident cases when they would not be at issue in accidents between two consumer vehicles. 

Other Influencing Factors

Semi-trucks are clearly much different than standard passenger cars. The following factors can contribute to the severity of an accident and the details of your claim:

Semi-Trucks Are Heavy

A standard passenger car can weigh anywhere between 4,000 to 6,000 pounds. In contrast, a semi-truck can weigh as much as 80,000 pounds. Since semi-trucks can weigh as much as 20 passenger cars, a collision can be deadly or cause more severe injuries. 

The smaller vehicle will almost always receive a majority of the impact and damage. Due to their massive size, semi-trucks are often unable to stop quickly enough in dangerous situations. As a result, they can collide directly into a passenger car, block traffic from rapidly approaching oncoming vehicles, and put other lives at risk. 

Cargo Can Play a Role

Semi-trucks carry a lot of cargo, some of which can be heavy and even flammable. During a collision, this cargo can come loose and spill onto the street. This can cause other vehicles to spiral out of control and lead to other accidents. 

Unrealistic Semi-Truck Companies Expectations

Many trucking companies require their drivers to be on the road for several days on end, often without much rest and regardless of weather or traffic conditions. This can lead to fatigue, which can make even the most skilled drivers prone to making costly on-road mistakes. 

Protective Insurance Policies

Semi-truck companies have millions of dollars in coverage from their insurance companies. After an accident takes place, these companies will work tirelessly to undermine personal injury claims and save their clients as much money as possible. 

Intense Investigation

Trucking companies will also conduct their own internal investigations to determine what happened and who was at fault for the accident. These companies are looking for any information that can undermine a claim and help them avoid liability. They might even unlawfully destroy evidence before you have a chance to obtain it. 

Consult with a Dyer Truck Accident Lawyer Today

Semi-truck accidents can disrupt the lives of everyone involved. If you’ve been involved in a crash, it’s important to contact a Dyer truck accident attorney at Tanzillo, Stassin & Babcock, PC, for help. Click here to contact us for a no-cost consultation to see if you have a case.

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AUTO ACCIDENTS

More than 53 million children spend nearly 25 percent of their waking hours at school. Most of the time, parents feel assured that their children are in the care of the school’s faculty and administration.

But what happens when that trust is broken? What happens in those instances when a child is injured or abused while in the care of school staff? We wanted to create this quick guide to help answer those questions and provide other relevant information.

If your child has been injured while in the care of school workers, contact a school injury lawyer at Tanzillo Stassin and Babcock today to discover your legal options.

Common Injuries That Occur at School

Children can suffer a wide variety of injuries, including the following:

• School bus accidents
• School crossing accidents
• Playground accidents
• Slip and fall accidents
• Bullying incidents
• Staff negligence
• Sports accidents
• Sexual or physical abuse

Roughly 10 percent of all school injuries in which hospitalization is required are purposely inflicted. Most of the time, injuries are a result of an accident with falls and sports accidents as the primary culprits.

If your child is dealing with injuries as a result of negligence, defective equipment, staff abuse, or any other reason, speak with our school-injury attorneys to discover your legal rights.

What Can I Do If My Child Is Injured at School

Schools have a “duty of care” to protect their students and keep them safe despite the numerous safety hazards that exist at schools. Here a few examples of how school accidents can happen:

• A child can suffer an injury during physical education class playing sports without the teacher requiring him or her to wear the proper safety equipment.
• A student can trip and fall while walking on uneven walkways damaged from recent construction and that do not have caution signs or tape.
• School workers leave snow and ice on the sidewalk, causing a student to slip and fall and hitting their head on the concrete and suffering a serious head injury.

If the school’s negligence causes your child’s injuries, the school should be held responsible. To file a claim against a public school, you must prove that the school is responsible for causing the accident. It’s not as difficult to file a claim against a private school, but in either case, you need to have a skilled attorney handling your case.

Our Indiana Personal Injury Attorneys Can Handle Your Case

If your child suffered a serious injury at school, and you believe someone at the school is responsible for causing the injury, seek expert legal counsel from Tanzillo Stassin and Babcock. Our experienced Munster injury attorneys will review your situation to determine if you have a case. 

Fill out our contact form to schedule a no-fee initial consultation, where we’ll answer your questions and give you all the information you need to proceed. Don’t delay because evidence disappears quickly, and you must act before the filing deadline. Discover your legal options now.

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AUTO ACCIDENTS

Since the novel coronavirus pandemic came to the United States, our lives have been a little different, wouldn’t you agree? Millions lost their lives, and many more became infected with COVID-19. The economy came to a standstill as businesses were ordered shut, and millions of employees lost their jobs.

If there’s good news, it’s that we’re starting to emerge from the ashes. State and local governments are easing restrictions, businesses are reopening, and many employees are returning to work.

Nevertheless, the damage remains. Many Americans who were impacted by the effects of the pandemic lost significant income. As a result, many are struggling to pay for their homes, utilities, vehicles, and other expenses, let alone pay for auto insurance.

And that means many motorists will be taking to the streets in the coming months without car insurance. What does that mean for you? How can you protect yourself and your family? 

If you are financially able, we suggest you review your auto insurance with your insurer and make sure you have sufficient uninsured motorist (UM) and underinsured motorist (UIM) coverage in the event of a serious accident.

Is Uninsured Motorist Coverage Required in Indiana?

Indiana requires all auto insurance policies to include uninsured motorist coverage for the following amounts:

• Uninsured motorist bodily injury: Minimum coverage of $25,000 per person and $50,000 per accident
• Uninsured motorist property damage: Minimum coverage of $25,000 per accident
• Underinsured motorist bodily injury: Minimum of $50,000 per person and $50,000 per accident

While the minimum coverage amounts may seem like a lot, it is unlikely to be enough coverage to adequately compensate you for your losses, particularly if you suffer serious injuries.

Some insurers suggest that you have at least $100,000 of UM bodily injury coverage per person. However, every accident has unique circumstances, and that’s why it’s so important you review your policy with your insurer to ensure your UM/UIM coverage is sufficient.

What Does UM/UIM Cover?

Generally, UM/UIM covers the following damages:

• Medical bills
• Property damage
• Lost wages
• Reduced earning capacity
• Pain and suffering

In most cases, UM/UIM coverage applies to the primary policyholder, but also any other vehicle occupants. Your coverage may even apply to your immediate family as well. Speak with your insurer to confirm who is covered under your UM/UIM coverage.

Get Help From Experienced Auto Accident Attorneys in Indiana

If you’re involved in an accident in which an uninsured or underinsured motorist is at fault, the claims issues can be very complex. Don’t go it alone. Reach out to an experienced Indiana auto accident attorney at Tanzillo Stassin and Babcock who knows how to navigate the system and handle your claim.

Contact us online to schedule a free initial consultation. We’ll answer any questions you may have and lay out the best course of action for favorable results. We work on a contingency fee basis, which means you don’t pay anything unless we successfully obtain the financial compensation you deserve.

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