CRIMINAL DEFENSE

A DUI conviction can have seriously negative consequences in anyone’s life, but if you have a commercial driver’s license (CDL), the stakes are that much higher. You make your living behind the wheel of your rig, and if your ability to continue earning is thwarted, the consequences can be dire. If you are facing a DUI charge and you have a CDL license, you need a dedicated Indiana DUI attorney – who has considerable experience successfully defending complicated cases like yours – in your corner. 

The Limits Set for Commercial Drivers

The law takes a very dim view of impaired driving generally, but it is even more strict when it comes to commercial drivers, and as such, the legal limit for your blood alcohol concentration (BAC) is lower than it is for other motorists. The legal limit for everyone else is .08 percent BAC, but for those who have CDLs, the legal limit is .04 percent, which amounts to a Class C infraction in the State of Indiana. This fine-tuned BAC limit generally means that even one drink with dinner can set you up to test over the limit. 

Protecting Your CDL

The best way to protect your CDL – and your livelihood – is to fight the DUI charge in the first place, and the best way to fight the charge is by working closely with a seasoned DUI attorney. Successful defenses related to DUI charges tend to include those based on the following:

• Procedural errors made on the part of the arresting officer
• Invalid lab results related to your breath or blood test (which are more common than many people realize)

There is also the option of entering into a plea agreement that reduces your charges and/or sentence requirements. A plea deal tends to make the most sense when you have a prior conviction and/or you have an addiction concern you need to address. 

Refusal of a DUI Test

The fact is that no one can force you to provide a breath or blood test (unless you have been arrested under suspicion of DUI or the officer has a warrant to do so), but refusal can do more harm than good and can actually increase the length of your CDL license suspension. While the portable test that the officer uses when he or she stops you can serve as probable cause to arrest you for suspicion of DUI, it cannot be used as evidence in your DUI case. The results of the official test taken at the police station, however, can. 

Turn to an Experienced Indiana DUI Attorney for the Legal Help You’re Looking For

The formidable Indiana DUI attorneys at Tanzillo Stassin & Babcock, P.C., are committed to skillfully advocating for your case’s best possible resolution – in protection of your commercial driver’s license. Maintaining your livelihood as a commercial driver is too important to leave to chance, so please don’t wait to contact us for more information about how we can help you today.

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AUTO ACCIDENTS

Car passengers are at the mercy of the drivers and must be kept safe from harm. However, driver errors could quickly turn tragic when the car crashes into another vehicle or gets involved in a single-vehicle crash. Passengers could be severely hurt when the driver of the car they’re riding in, or the driver of other vehicles on the road acts negligently or recklessly. 

Fortunately, passengers who have suffered injuries in a car, truck, motorcycle, or other motor vehicle accidents could recover monetary compensation for all their accident-associated damages through the auto insurance coverage of the driver responsible for the accident. Recoverable damages could include medical expenses, pain and suffering, and lost income if you missed working days to treat and recover from your injuries. 

Determining Liability for The Car Accident

Depending on the specific circumstances of the accident, more than one party may have contributed or caused the accident, including:

• The driver of the vehicle you were riding in
• The driver of another vehicle that crashed into the vehicle you were riding in
• Both drivers engaged in negligent actions that resulted in the accident

Filing a Claim Against The Liable Party

Once you have determined who was liable for the car accident, you could then pursue legal action against the liable parties whose reckless or negligent actions caused the crash. The at-fault driver’s auto insurance provider will have to pay the compensation related to the accident. 

But first, you must go through the insurance claims process. You need to keep in mind that insurance providers make it intentionally difficult for injured claimants to seek the compensation they deserve. They are notorious for denying valid claims or finding ways to refute the evidence against their policyholders. In this light, letting an experienced lawyer deal with the insurance provider will help make sure that the insurance claims adjuster doesn’t take advantage of your circumstances. 

Making claims against multiple parties is also a possibility. For instance, if insurance coverage of the driver isn’t enough to cover all your damages, you might be able to make a claim against the other driver’s insurance coverage (if they’re also liable for the accident) to make up for the part that the other’s policy couldn’t cover. 

It’s also crucial to note that Indiana has a Guest Statute, which states that an injured passenger can’t file claims against a driver who is their parent, spouse, child, sibling, stepchild, or an individual that picked up the passenger (hitchhiker) and didn’t get paid for the ride. An exception to this rule is if the driver’s willful or wanton misconduct resulted in the passenger’s injury or death. 

Talk to a Skilled Indiana Personal Injury Lawyer Today

Our Indiana personal injury lawyer can determine who you can hold accountable for the injuries and related losses you sustained in a car accident as a passenger. We’ll review all the applicable insurance coverage for all the parties involved to maximize the amount of compensation you could seek. Contact Tanzillo Stassin & Babcock P.C. online today to arrange your free case review.

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CRIMINAL DEFENSE

Most people do not think of theft as a serious crime, as it does not involve violence or weapons. However, theft can result in serious financial harm to others and, when that happens, it might rise to the level of a felony offense. 

Under Indiana criminal laws, a person commits the crime of theft by knowingly or intentionally “exerting unauthorized control” over another’s property, with the intent to deprive the other person of the value or use of the property. To “exert unauthorized control” over someone’s property means taking something that does not belong to you without authorization, and this includes taking, obtaining, concealing, or transferring property:

• without the consent of the property’s owner
• by creating an impression that you own the property when you do not
• by making false promises about the property
• by threatening to do damage to the property that belongs to someone else if they do not do what you want them to do, otherwise known as extortion or blackmail
• without the property owner’s consent, typically by embezzlement or misappropriation), or
• while failing to disclose a legal fact that impacts the property owner’s ability to use the property as they otherwise would.

The term “property” itself has a much broader meaning under Indiana law than is commonly understood. The law defines property to be basically anything of value ranging from tangibles such as real estate, personal property such as automobiles, jewelry, to intangibles such as trade secrets, credit, contractual rights, and even animals.

Classification of Theft as a Felony

Theft is classified in Indiana based on the value and type of property stolen, the circumstances involved, and the offender’s prior criminal history. The most serious of these is felony theft.

Level 5 Felony Theft

This is the highest level of theft classification, which includes:

• theft of property valued at $50,000 or more
• a second or subsequent offense for theft of an automobile or its part, or
• theft of a valuable metal that creates a substantial risk of bodily injury to others and either: (a) relates to transportation or public safety or (b) is taken from a health care facility, telecommunications provider, public utility, or critical infrastructure facility.

A conviction for a class 5 felony brings with it a possible sentence of one to six years of imprisonment and up to $10,000 in fines. 

Level 6 Felony Theft

A person commits a level 6 felony by doing any of the following:

• stealing property valued at $750 or more but less than $50,000
• stealing a firearm, motor vehicle, or motor vehicle parts, or
• committing a second or subsequent theft or conversion offense.

A conviction for a class 6 felony carries a possible sentence of six months to two and a half years of imprisonment and a fine of up to $10,000. 

Call an Indiana Criminal Defense Lawyer Now

The legal team of Tanzillo Stassin & Babcock, P.C. represents those who have been charged with the crime of theft and face possible jail time. Contact us to discuss how we can help you.

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PERSONAL INJURY

Wrongful death claims arise when an individual dies because of the actions or inactions of another person. It is similar to a personal injury claim and typically founded on negligence or intent. If the deceased person would have had a personal injury claim under the same circumstances had they not died, a personal representative can file a wrongful death claim on their behalf. If you recently lost a loved one, you might be wondering who can file a wrongful death claim for them or who their personal representative is. These are excellent questions to address with a knowledgeable Indiana wrongful death attorney from our firm.

Who Can File a Wrongful Death Claim?

Each state handles wrongful death claims differently. In Indiana, the person eligible to file a wrongful death claim depends on the age of the person at the time of their death. 

Children

Wrongful death claims for child decedents have to be filed by one or both of the child’s parents. If the parents are not legally married, the parent who had legal custody of the child at the time of their death is the one who must file the claim. In cases where both parents are dead or don’t have custody of the child, the right to file a wrongful death claim lies with the child’s legal guardian. Indiana’s wrongful death statute defines a child as:

• Someone younger than 20 years old, unmarried, and without dependents
• Someone younger than 23 years old who is going to college, a career and technical school, or enrolled in a similar program, and unmarried without dependents
• A fetus that has reached viability

Adults

Many states allow an adult decedent’s family members to file a wrongful death claim for them. However, Indiana laws only allow a personal representative, or executor, of the deceased estate to file a wrongful death claim on their behalf. If the decedent hasn’t named an estate executor before their death, the court will appoint one for them. The executor must be at least 18 years of age and of sound mind as determined by the court. Executors in Indiana can’t be convicted felons under any state or federal law.

Indiana’s Statute of Limitations for Wrongful Death Claims

If you aren’t sure who should file a wrongful death claim on behalf of your deceased loved one, contact an experienced Indiana wrongful death lawyer as soon as possible. Not doing so could put the wrongful death claim at risk of not being filed on time as per the statute of limitations. In Indiana, those who qualify to file wrongful death claims only have two years from the date of the death to file a legal claim. If they fail to take legal action within those two years, they no longer have the right to pursue compensation. 

Seek the Advice of a Compassionate Indiana Wrongful Death Attorney Today

If you recently lost a loved one, please accept our sincerest condolences. We know how difficult this time can be.  Wrongful death claims are often necessary but can also be overwhelming at such an emotional time. At Tanzillo, Stassin & Babcock, we can stand by your side as you seek to recover compensation for your family’s losses and your deceased loved one’s pain and suffering. You can meet with one of our Indiana wrongful death lawyers and learn more about your family’s legal rights by contacting us today.

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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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