All posts by Chris Buckley

SFT Lawyers Honors and Remembers America’s Veterans

Veterans-Day-Images-Of-For-FacebookSFT Lawyers is proud of America’s Veterans, who made sacrifices from personal and family hardships, to those who have been physically or mentally injured in combat, to those who made the ultimate sacrifice in laying down their lives for our liberties and freedoms.

SFT Lawyers has made a commitment to serving all those who have served. In fact, SFT Lawyers has a long history of helping veterans with their legal issues, regardless of their ability to pay.

SFT Lawyers also employs a veteran-attorney, Christopher Buckley. Attorney Buckley served in the United States Marine Corps from 1998 to 2002, both at home and abroad, and places an emphasis in his practice on veterans’ issues. SFT Lawyers is proud to hire veterans, and to help veterans and their families with their legal needs.

If you have served in the United States military, on behalf of SFT Lawyers, thank you for your service and sacrifice.  If you or someone you know is a veteran in need of legal help, please do not hesitate to call for a FREE CONSULTATION. (219) 841-5683.

Get Back on the Road with a Hardship License *

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Hardship License s Are Now Called “Specialized Driving Privileges”

January 1, 2015 the Indiana law changed regarding suspended licenses and what were formerly known as “hardship licenses” or “probationary licenses“.  The new law (now found at I.C. 9-30-16 et. seq.) allows what are now called “Specialized Driving Privileges” which allow a person to drive for any period of license suspension including suspensions for habitual traffic violator.

Hardship License s, (a.k.a Specialized Driving Privileges) Now Include Almost Everyone

Under the old Hardship License law, only certain individuals could qualify for a Hardship License. Each person had to make a showing to the court an actual and unusual financial or other hardship, and certain criminal and traffic offenses were prohibited altogether from getting a hardship license. The current hardship license law (a.k.a. Specialized Driving Privileges law) includes suspensions for failing to provide financial responsibility (driving without insurance) suspensions, suspensions for operating while intoxicated (“OWI“), as well as some criminal offenses involving accidents or injuries to others. The suspensions can either be issued by a particular court, or suspensions could be administratively issued by the Indiana Bureau of Motor Vehicles. The new hardship license law even includes habitual traffic offenders who may face a five (5) year, ten (10) year, or lifetime suspension of driving privileges in Indiana.  The only instance that is excluded from the new hardship license (a.k.a. Specialized Driving Privileges) is when a person refuses a breathalyzer upon the lawful request of a police officer. These are often one (1) year mandatory suspensions, and cannot be served on a hardship license (a.k.a Specialized Driving Privileges).

Hardship License: So–What is the Catch?

Hardship licenses (a.k.a Specialized Driving Privileges) require a petition to the court including detailed personal information. If a hardship license petition does not meet the requirements under the new hardship license law, it will likely be rejected. Hiring an attorney is highly recommended for filing hardship license petitions. Once a hardship license petition is filed, the court may grant your hardship license (specialized driving privileges) for a minimum of six (6) months. The court may grant full driving privileges, or the court may limit driving privileges (i.e. only to/from work, church, child visitation, etc.) depending on your offens(es), needs, and driving history.  The court may impose other hardship license conditions such as the ignition interlock device (for repeated OWI offenders) or driving only during certain hours.  Please consult an attorney to discuss your options when filing a hardship license petition.

SFT Lawyers Has Experienced Attorneys Eager to Assist You in Getting Your Hardship License

The Lawyers of SFT have filed numerous hardship license (“SDP”) petitions before many courts in Indiana. They have the experience necessary to get you back on the road, and as quickly as possible. CALL TODAY or contact us via our CONTACT US PAGE for a FREE CONSULTATION to get on the road and to get your driving privileges back. (219) 841-5683.

*SFT Lawyers and its licensed Indiana attorneys make no guarantee of eligibility for hardship license or specialized driving privileges and do not guarantee any particular outcome or result. Determinations of eligibility for hardship licenses and/or specialized driving privileges are made on a case-by-case basis by a licensed attorney and are ultimately within the discretion of the court(s) of competent jurisdiction. This article is intended for educational and entertainment purposes only. It is not intended to provide legal advice or to establish an attorney-client relationship.

 

 

Indiana Supreme Court to Hold Oral Argument at Portage High School October 30, 2015

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The Indiana Supreme Court will travel to Portage High School in Portage, Indiana on Friday, October 30, 2015 to hear the case, Leonard Suggs v. State of Indiana (02S03-1508-CR-510).  The general public is invited to attend, along with students from various schools in Porter County. (The link to the Official Page can be found here.)

Oral argument is a process by which both sides of a case argue based upon the content of their briefs, which are generally twenty five (25) page documents outlining the authorities and arguments for their respective sides.  In this case, present will be the State of Indiana (by its Deputy Attorney General, Katherine Cooper) and Mr. Suggs’ Criminal Defense/Appellate Attorney, Paul S. Miller of Fort Wayne, Indiana.

This case is a criminal case. In order for criminal cases to reach the Indiana Supreme Court, one (1) of three (3) things must have occurred: first, the case must have already been decided by the Indiana Court of Appeals, or second, the case involves an issue of the Indiana Constitution, or third, a mandatory Indiana Supreme Court review of all death sentences. In this case, the Indiana Appellate Court has already ruled, and the Indiana Supreme Court elected to grant transfer and hear this case.

The present case involves events that took place in a bowling alley in Fort Wayne, Indiana.  The record states that the Defendant threw a bowling ball at the side of the head of his then girlfriend, Evelyn Garrett, causing her injury and pain.

The case was filed under charges of Domestic Battery, as a Level 6 Felony.  In order to charge the crime as such, the State must prove that the victim was “living as the spouse” of the Defendant. According to the Indiana Court of Appeals Record, the two cohabitated for two (2) years, sharing a bedroom and engaging in an intimate relationship.  The Defendant, Leonard Suggs, argues that this is insufficient to demonstrate that the victim was “living as a spouse”, while the State of Indiana contends that the two were clearly within such definition.  Up to this point, both the Allen County trial court and the Indiana Court of Appeals has agreed with the State of Indiana.  The Indiana Supreme Court will be the final authority on the case, and will bind future decisions based on its opinion.

SFT Lawyers looks forward to seeing you there!

SFT Remembers 9/11

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A second day of infamy in our Nation’s history, coined as, “The Day When the World Stopped Turning,” “Attack on America,” and “The Second Pearl Harbor,” September 11, 2001 changed America and the world forever. Words and phrases like “Ground Zero”, “Nine Eleven”, and “Terrorist Attack” became part of our regular vernacular.  The attorneys and staff of SFT Lawyers were each asked to recount where they were and how they felt during that infamous date and time:

“As I was getting ready for work, the television was on, but I really wasn’t paying much attention to it. As I shut it off to leave for work, I saw the picture of a burning building and the news banners, but wasn’t sure if it was real or not. After getting to work, which was five minutes away, I immediately turned on the television, and just then the second plane hit. As more and more people came into work, we just watched mostly in silence and disbelief as the facts unfolded. I don’t think I’ve ever had a more helpless and chilling feeling.”

-Debbie Biancardi, Paralegal

“I was in high school in the middle of taking ISTEPs, we were all informed to stop taking the test as they had an announcement to make and put the TV on for us to watch. We all sat in silence trying to comprehend what was happening. We did not want to believe that this was really happening.”

-Nicole Reives, Paralegal

“I was a Marine, stationed with 3rd Battalion, 3rd Marines in Kaneohe, Hawaii. I remember gathering with my fellow Marines in a small room to listen on the radio that a small plane had “accidentally” crashed into a skyscraper in Manhattan. There were several of my Marines who lived near there, and they immediately ran out to start making frantic phone calls to loved ones. A few minutes after that, all hell broke loose on the base. Everything was on lock down, and we started constant patrols around the perimeter of the base by helicopter, amphibious vehicle, and on foot.”

-Christopher Buckley, Attorney

“I was at home getting ready for class when it happened.  I was following events on the radio as I drove, and noticed a total lack of airplanes in the sky, a very uncommon sight in our area, especially on such a clear day.”

-Brent Torrenga, Attorney

“When 9/11 occurred I was a freshman at Andrean High School.  I can remember school being let out early that day due to the tragic event. At the time I didn’t truly understand the magnitude of what had happened due to my age. As years passed by I grew to understand just how devastating the event was, and the sacrifices that so many people made for our country’s freedom.”

-Michael Campbell, Attorney

“I was at work listening to the radio, when the first plane hit. Initially we had no clue that there was anything other than an accident. But by the second plane we knew we were under attack .  By the third we knew we were at war. We had no idea who was waging the war. It was quiet; nobody spoke, and nobody knew what to think. I think all of our minds went to Pearl Harbor.”

-Benjamin Fryman, Attorney

Fourteen (14) years later, SFT Lawyers mourns the victims and those left behind by the unwarranted and vicious attack against our country on our own soil. We extend our condolences for all lost, their families, and the heroes–many of whom sacrificed their lives–in the course of the tragic events of September 11, 2001.

Indiana Expungement Changes 2015

Indiana Expungement Changes 2015

Indiana expungement is a hot topic in Indiana law that SFT Lawyers have written extensively about.  (Read more here.)  Indiana expungement is a process by which those who have been arrested and/or convicted can hide arrests or convictions from public view. The Indiana expungement law was changed, effective July 1, 2015. A summary of the changes to the law can be found here.

Indiana Expungement

Indiana expungement allows individuals who have made a mistake in their past a second chance to start fresh.  The Indiana expungement law is specifically tailored to give people a shot at new or better employment opportunities.

The Indiana expungement law known as the Second Chance Act was first passed in 2011.  Admittedly, the Indiana expungement process had many flaws and quirks that needed to be worked out, and slowly, over time, the Indiana General Assembly is attempting to do just that.  Indiana expungement in 2015 looks similar to its previous versions, but there are a few notable changes.

1. New Indiana Expungement Filing Fee.

The idea of a filing fee in certain Indiana expungement cases has not changed, but how it is processed is different.  As will be discussed in #2, a new case type of “XP” will be assigned to each Indiana expungement case. However, only certain cases will have to pay the current filing fee of $161.00.

Where the person has a conviction and attempting to get an Indiana expungement to remove it from his/her record, a filing fee is required.  However, where the person is only filing an Indiana expungement seeking to expunge an arrest or charges filed that did not lead to a conviction, no filing fee is required.

2. New Indiana Expungement Case Type

Prior to the enactment of the new Indiana expungement changes, much confusion arose as to how to file Indiana expungement. Courts all over the state adopted differing rules and procedures for how Indiana expungement was to be filed and processed.  Some involved filing under the original cause numbers of the underlying criminal cases, some involved filing them under Miscellaneous (“MI”) civil designations, and courts were inconsistently applying when to require a filing fee.  Under the newest Indiana expungement law, all Indiana expungement ‘s are to be filed under the new “XP” designation, which simplifies the process.  As discussed above in #1, not all petitions require the payment of a filing fee.

3. Indiana Expungement – What Happens to the Records?

This is another area that was inconsistently applied prior to the Indiana expungement changes of 2015. Each local court and local law enforcement agency adopted its own standard procedures on what to do when an Indiana expungement was granted.  The first version of Indiana expungement only allowed for the “sealing” of conviction records.  The 2013 version changed this and required the destruction of criminal records and all supporting investigative reports. The newest version of the Indiana expungement law is more like the original version, in that no records are actually destroyed, they are simply permanently hidden from public view.

If an Indiana expungement petition is filed and granted concerning an arrest or criminal charges which did not result in a conviction, all information of the arrest, criminal charges, juvenile deliquency allegation(s), vacated conviction, or vacated juvenile deliquency allegation(s) is removed from the “Alphabetically Arranged Criminal History Information System” maintained by the Indiana State Police and/or local law enforcement agenc(ies) is deleted.  What this means is that arrest information and/or charging information will not appear on Indiana state background checks. All trial court records of the arrest and/or charging information will be redacted and sealed from public view.  This means that all physical paper records as well as online records will be available to court personnel only, absent a court order otherwise.

If an Indiana expungement petition is filed and granted concerning a D Felony or Misdemeanor conviction, all records in the possession of the Indiana Department of Corrections, the Indiana Bureau of Motor Vehicles, any and all involved law enforcement agencies, and all agencies which provided services or treatment are prohibited from releasing expunged information to any person other than a law enforcement officer acting in the course of his or her official duty. All expunged conviction records in the possession of the Indiana State Police Central Records Depository must be sealed.  They may only be disclosed to a prosecutor or defense attorney pursuant to a court order, and/or in the course of their professional duties, a probation department or officer pursuant to a court order or for the preparation of a pre-sentence report, the Federal Bureau of Investigation, the Department of Homeland Security, the Indiana Supreme Court, and the Indiana State Board of Law Examiners for determining if bar applicants have good moral character.  Certain information regarding Commercial Drivers’ Licenses is also required to be disclosed pursuant to state and federal law.

All expunged trial court records must be permanently sealed.  This means that no one outside of court personnel gets access to such records without first obtaining a court order.  A prosecutor, in lieu of getting a court order, may file an application with the trial court for access to expunged records.  The trial court’s physical paper file must be clearly marked “EXPUNGED PER IC 35-38-9-6, PERMANENTLY SEALED” so the court personnel will know that the file may not be given to anyone without a court order. All trial court records cannot appear on any online public access website.

For higher felonies (Class 1 through 5) and Class 6 Felonies involving bodily injury, the end result is a bit different. As before, the only means by which a person can get an Indiana expungement is by consent of the prosecutor.  If an Indiana expungement petition is agreed to, filed, and granted by the court, such records remain public, but all records must be marked “EXPUNGED”. Likewise, any records in the possession of the Indiana State Police, Indiana Bureau of Motor Vehicles, or any other involved law enforcement agency must also mark such records “EXPUNGED”.

Under the new 2015 version of the Indiana expungement statute, the Indiana expungement order does not affect an existing or pending driver’s license suspension, and does not prevent the Indiana Bureau of Motor Vehicles from reporting conviction(s) to the Commercial Drivers’ License Information System.

The above practices are what is to be done with the underlying criminal cause(s). For the actual Indiana expungement case itself filed under the designation “XP”, the ultimate result depends on whether the Indiana expungement petition is granted or denied.  If and when a petition is granted, the entire XP file will be sealed from public view. If the Indiana expungement petition is denied for some reason, it will remain a public record and available to the general public.

4. Indiana Expungement – Do I Need to Hire an Attorney?

The short answer is yes, we certainly recommend you hire a licensed Indiana expungement attorney who has experience with Indiana expungement. First, if you couldn’t tell from the above description, the new Indiana expungement law is highly complex and requires the skills and experience of an Indiana expungement attorney.  Second, you only get a single bite at the apple.  If your Indiana expungement petition is partially granted or denied in full, you could be barred for life from pursuing any other remedies under the Indiana expungement law. This is not a mistake you want to make. It could prove to be quite costly.

The Indiana expungement attorneys of SFT Lawyers have been abreast of this new area in the law since the first statute was passed in 2011.  The lawyers of SFT Lawyers have taught continuing legal education to other lawyers and judges as to how the new Indiana expungement law functions, and we stay up to date on all changes as they happen. Our experienced Indiana expungement attorneys understand how to get relief from your past mistakes and how to help you put your criminal record behind you.  CALL (219) 841-5683 TODAY for a FREE CONSULTATION.

Clean Up Your Criminal Record Indiana!

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The SFT Law Blog has written extensively on the subject of criminal record expungement Indiana, and we are eager and ready to clean up your criminal record Indiana!  (See, “Indiana Criminal Record Expungement Law: A Good, Fair, and Just Social Policy”; “Spend Your Tax Refund Wisely! Get a Better Job With an Indiana Criminal Record Expungement”; “Indiana Record Sealing, Felony Reduction, and Expungement”; “Major Exciting Changes to Indiana’s Second Chance Expungement Act for 2013”; “Indiana Expungement Law: Giving a Second Chance to Those Who Deserve It”; “New Statute Opens Question of Expungement of Criminal Records in Indiana”; and, “Criminal Post Conviction Relief Available July 1, 2013 for A, B, and C Felonies in Indiana”.   This is a real law, and this law actually works! As long as you meet the statutory requirements, you can clean up your criminal record Indiana!*

What is an ‘Expungement‘? An Opportunity to Clean Up Your Criminal Record Indiana!

Clean Up Your Criminal Record Indiana (2)

An ‘expungement‘ is an act of a court which allows you to clean up your criminal record Indiana by essentially erasing a public record. (Read more here).  Depending on the particular state, sometimes expungement means physically shredding all papers associated with the particular record, removing convictions and/or arrests from online and electronic databases, or possibly sealing such records from public view.  In Indiana, the effect of an expungement is to seal records from any public contact, to remove such records from public view, and to remove such records from most electronic databases. Such electronic records may be available for criminal justice agencies such as law enforcement for a period of five (5) years following the expungement order, but such agencies cannot allow the public to see them.  For all intents and purposes, the Indiana expungement law allows you to clean up your criminal record Indiana and give you a second chance!

What Were They Thinking???  JOBS, JOBS, JOBS! Clean Up Your Criminal Record Indiana!

Clean Up Your Criminal Record Indiana

One might ask, “Why would the Indiana General Assembly pass such a law?” “Isn’t the purpose of a criminal record that it be permanent?” The simple answer: JOBS.  The purpose for the original law, The Second Chance Act of 2011, was to prevent the undesirable effect of convicted persons not being able to find a job.  The theory is that people with a criminal record are less likely to re-offend if they are able to obtain employment.  As well, those who have an isolated incident or blemish on their criminal record shouldn’t be forced to carry such a burden for life once they have satisfied all of their court ordered obligations.  The idea is to give past offenders a fresh start, and an opportunity to clean up your criminal record Indiana.

If you would like to clean up your criminal record Indiana to find a new or better job, the experienced Indiana expungement law attorneys of SFT Lawyers can help!  CALL TODAY for a FREE CONSULTATION.  (219) 841-5683.

*Please contact a licensed attorney at SFT Lawyers to determine whether you qualify for an Indiana criminal record expungement.

Civil Forfeiture Indiana: Wait–the Police Can Take My Property???

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Civil forfeiture is a process by which law enforcement can confiscate property of citizens when an officer reasonably believes it is more likely than not that the property was involved in the commission of a crime.  Sounds innocent, right?  Hardly.  This practice becomes perverted when the citizen is never formally charged with any crime, and the law enforcement agency still retains the property.  As John Oliver humorously explains:

As mentioned, civil forfeiture sounds quite harmless.  It allows law enforcement to stop the flow of money and other assets for use in crime.  But when property is confiscated that belongs to innocent citizens, it goes way too far.

The most common “property” confiscated in civil forfeiture is cash, or currency.  As the video suggests, in a traffic stop, police officers not too uncommonly ask whether there are any “large” amounts of cash or currency in the vehicle.  My personal reaction was, “When did it become illegal to carry ‘large’ amounts of currency?”

As the Washington Post suggested in its September 6, 2014 article, “Stop and Seize: Aggressive Police Take Hundreds of Millions of Dollars from Motorists Not Charged with Crimes”, civil forfeiture can often go too far, especially when what is being confiscated is cash.

In one particular civil forfeiture case, as the Washington Post reports in, “Uncle Sam May Have Picked the Wrong Cash Cow”, one particular farmer was penalized for making a decision to structure his cash deposits in a certain way.  Under Federal law, a disclosure must be completed and signed by a depositor if any deposit over ten thousand dollars ($10,000) in cash is made to a bank at any given time.  To avoid this burdensome requirement, dairy farmer Randy Sowers simply divided his cash deposits to sums less than $10,000. According to the Federal agents, this violates the law.  Internal Revenue agents seized over $65,000 in Mr. Sowers’ bank account simply because the agents felt that Mr. Sowers avoided the disclosure requirement, and it was never returned.  No accusation of any criminal conduct was made against Mr. Sowers. As the Article suggests, this story has gotten national congressional and media attention.

In Indiana, civil forfeiture of cash is governed by statue:

All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism or commonly used as consideration for a violation of IC 35-48-4 (other than items subject to forfeiture under IC 16-42-20-5 or IC 16-6-8.5 5.1, before its repeal):

(A) furnished or intended to be furnished by any person in exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.

Ind. Code 34-24-1-1(a)(2) (2015).

As well, some civil forfeiture cases interpreting the above Statue suggest that the State must establish a nexus, i.e. connection, by a preponderance of the evidence between the property an a specific alleged crime. (See, Serrano v. State, 946 N.E.2d 1139, 1142-43 (Ind. 2011)).

Citizens should not have to pay a price to recover their rightfully owned property.  In my opinion, this Statute should at least provide for the reimbursement by the State for attorney fees incurred in the recovery of such property if the property owner prevails. It currently does not.  Often, this makes pursuing the recovery of smaller ‘large’ amounts of cash cost prohibitive.

If this has happened to you, and you have had property confiscated by the agents of law enforcement, SFT Lawyers have skilled and experienced civil forfeiture lawyers who can assist you in getting your property back. CALL US TODAY FOR A FREE CONSULTATION.  (219) 841-5683.

Indiana Supreme Court Headed to Portage, Indiana!

Indiana Supreme Court Portage, IndianaIn its Traveling Oral Arguments program, the Indiana Supreme Court has selected Portage High School for its oral argument on October 30, 2015.  (See official in.gov posting here.)

Oral arguments in a particular case focus on the legal issues surrounding the controversy between the parties, and are usually presented after the case has been fully “briefed”.  (For a detailed description of oral arguments, read more here.)  Oral arguments usually focus on the finer points of each side’s case, and usually require each lawyer to prepare for tens or hundreds of hours to be ready for any question he or she might encounter.  The questions are largely based on what is written in the briefs, but no one knows ahead of time the exact questions that will be asked.  Each justice will have the opportunity to ask questions of each lawyer for each respective side, and each side has a time limit in presenting his or her case.

The details of the case will not be known until shortly before oral arguments are held.  Cases for traveling oral argument are actual cases pending before the Indiana Supreme Court, and the justices will likely take their questions and answers under advisement until several weeks later when a decision will be rendered and published.

This program is an educational program begun by former Chief Justice Randall Shepard, and continued by Chief Justice Loretta Rush.  It focuses on exposure to high school students of the actual legal process in Indiana’s highest court.  The Indiana Court of Appeals (Indiana’s second highest court) has a similar program intent on educating high school students on the oral argument process.

The Porter County Bar Association in concert with the Lake County Bar Association, with the help of the staff of the Indiana Supreme Court were able to coordinate the event as well as other networking and public relations events.

New Indiana Traffic Law – ‘Move Over’ Indiana!

New Indiana Traffic Law - I65In a surprising last minute measure, the Indiana General Assembly recently passed a new Indiana traffic law requiring drivers to allow faster drivers to pass in the left lane by requiring that slower drivers move into the right lane when not passing.  (See,  IndyStar, “New Indiana law Requires Slower Drivers to Move into Right Lane,” 26 May 2015; NWI Times,  New Indiana Law: Move Over, Slowpokes,” 23 May 2015.) Failure of Indiana drivers to follow the expression “stay right except to pass” will now be punishable by a fine of up to $500 and could result in points on the offender’s license under the new Indiana traffic law.

This new Indiana traffic law has created great controversy, as between prospective fast-laners and slower drivers.  (See, Lafayette Journal & Courier, “Indiana’s move-it-on-over law going too far?” 30 May 2015.)

The new Indiana traffic law reads as follows: (Full text version here)

SECTION 67. IC 9-21-5-7 IS AMENDED TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2015]: Sec. 7.(a) A person may not drive a motor vehicle at a slow speed that impedes or blocks the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law. A person who is driving:

                 (1) on a roadway that has not more than one (1) lane of traffic in each direction; and

            (2) at a slow speed so that three (3) or more other vehicles are blocked and cannot pass on the left around the vehicle; shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass.

   (b) A person who fails to give right-of-way as required by subsection (a) commits a Class C infraction.

SECTION 69. IC 9-21-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 9. (a) A vehicle that travels at a speed less than the established maximum shall travel in the right lanes to provide for better flow of traffic on the interstate highways.

   (b) This subsection applies to the operation of a vehicle:

                 (1) on a roadway that has two (2) or more lanes of traffic in each direction; and

                      (2) in the left most lane, other than a lane designated for high occupancy vehicles. Except as provided in subsection (c), a person who knows, or should reasonably know, that another vehicle is overtaking from the rear the vehicle that the person is operating may not continue to operate the vehicle in the left most lane.

   (c) Subsection (b) does not apply:

          (1) when traffic conditions or congestion make it necessary to operate a vehicle in the left most lane;

                    (2) when inclement weather, obstructions, or hazards make it necessary to operate a vehicle in the left most lane;

         (3) when compliance with a law, a regulation, an ordinance, or a traffic control device makes it necessary to operate a vehicle in the left most lane;

                    (4) when exiting a roadway or turning to the left;

             (5) when paying a toll or user fee at a toll collection facility;

                  (6) to an authorized emergency vehicle operated in the course of duty; or

               (7) to vehicles operated or used in the course of highway maintenance or construction.

   (d) A person who violates this section commits a Class C infraction.

House Enrolled Act 1305 (Passed, 5/5/2015, Eff. 7/1/2015).

How Are Police Going to Enforce the New Indiana Traffic Law?

Basically, what this new Indiana traffic law seeks to do is to codify into law what has been the driving custom for decades.  The most interesting aspect of the new Indiana traffic law is the enforcement of such a new Indiana traffic law. For instance, will police enforce the new Indiana traffic law against slow moving motorists who are hanging out in the left hand lane or will they opt instead to ticket the motorist who is quickly approaching the slow mover at a high rate of speed? Or, perhaps, the police will ticket both motorists?

Accidents and the New Indiana Traffic Law

Another troubling concept with this new Indiana traffic law is what is known as “negligence per se”. When a person is cited with a traffic citation at the scene of a motor vehicle accident or car crash, it can automatically shift who is responsible for causing the car crash and any Indiana personal injury that results.  If a person is cited for failing to move over to allow faster drivers to pass under the new Indiana traffic law, it could change who legally caused the accident.

What Do You Think about the New Indiana Traffic Law, Indiana?

What do you think about the new Indiana traffic law? Are you constantly frustrated with slow drivers blocking the left lane? Are you worried that this law might encourage speeding and make the roadways more dangerous?  Tell us your thoughts by leaving comments below.

Need a Traffic Lawyer Who Understands the New Indiana Traffic Law?

SFT Lawyers have Lake County traffic lawyers and Porter County traffic lawyers experienced in resolving all traffic matters, restoring driving privileges, eliminating points on your driving record, and getting specialized driving privileges for those with suspended driver’s licenses.  CALL TODAY for a FREE CONSULTATION!  (219) 841-5683.

Top 10 Annoying Things that Lawyers Do…and Why They Do Them

I have written a number of articles on what clients do that irritate lawyers, and the pitfalls associated with representing the general public.  To be fair, I decided to compose a list of things that clients tend to complain about their lawyers (some rightly so).  Many lawyers I know commit many of the below offenses in their personal as well as their professional lives. This list is obviously not exhaustive, and by no means applies to every lawyer.

Porter County Lawyer Lake County Lawyer

Top 10 Annoying Things that Lawyers Do (And Why They Do Them):

10. Brevity (or lack thereof).

A lawyer spends the better part of a decade learning and refining his craft.   He or she spends at least seven (7) years in formal undergraduate and legal education learning how to be an expert wordsmith. Unfortunately, often writing assignments reward those who produce more content, and this can sometimes become a habit, especially for younger lawyers.  In addition, the law is sometimes a complicated beast, and there are many factors to consider when writing or talking with clients.  Some lawyers are very good at relating very complex and complicated ideas to clients in a layman vernacular, while others have greater challenges doing so. This is a difficult skill that is sometimes hard to master, and it may take a lawyer a decade or more to acquire and refine this skill.

9. Bedside Manner.

Lawyers have the unfortunate reputation of being callous, uncaring, and unsympathetic.  Of course not all lawyers have this problem, but many, over time, lose the ability to understand (or remember) what it is like to walk in the client’s shoes. This is probably because the lawyer has dealt with the client’s particular legal situation many times, when likely it is the client’s first experience with the current situation, and maybe the legal system altogether.  Just like the struggle many doctors face with maintaining a good bedside manner, lawyers should too. After all, clients (and their problems) are the lifeblood of the lawyer’s practice–and therefore–his or her livelihood.

8. Worst Case Scenario.

When you walk out of a lawyer’s office, you might feel as though the sky is falling and the world is about to end.  Lawyers are known for being eternal pessimists, and may unnecessarily scare you in your first couple of meetings. There is a method to the lawyer’s madness, however.  The lawyer is concerned about two things: first, a lawyer’s worst nightmare is a client with wildly unrealistic expectations.  It is impossible for a lawyer to make a client happy if the client believes a miracle will happen. Second, the lawyer is attempting to manage client expectations because, often, reaching a compromise or settlement is in the client’s best interest.  If a client has unrealistic expectations, there is little to no chance of compromising or settling the client’s legal dilemma. When writing contracts, a lawyer must think of every possible thing that could potentially go wrong, and a contingency in case it does.

7. Overly Cautious.

Lawyers, as a whole, are an extremely cautious bunch. This is because in a lawyer’s world, gains and losses are often zero-sum; in other words, when one person gains, the other loses.  As well, the law is often unpredictable, and the lawyer cannot know with certainty what the outcome of your case might be, regardless of how straightforward and “easy” you think your case is going to be. To a lawyer there is no such thing as a “slam dunk”.  No case is easy, no case is quick, and no case is a sure thing.

6. Unavailable.

Lawyers, as a group, are generally tough to reach.  One of the greatest challenges practicing law is keeping up with client contact. Lawyers spend an overwhelming amount of time returning phone calls, letters, emails, and even text messages from clients. Even so, lawyers are rarely caught up in getting back to their clients. In order to earn a living, a lawyer has to take on a large number of clients, each of whom demand constant attention. Quite often the best and most competent attorney to handle your case is the busiest and most difficult to reach. If you are persistent (but not too persistent), he or she will get back with you whenever he or she gets an opportunity to do so.

5. Cutting Conversations Short.

Lawyers are highly trained at listening for certain words in a conversation, and as mentioned in #6, they are constantly struggling with a time crunch. Most lawyers have asked hundreds of thousands of questions of thousands of people in a variety of settings, and can often predict what a client is about to or intends to say.  Admittedly, this can be rude. Clients often want a sympathetic ear to hear and understand their problem, including a description of the emotional pain and suffering that this event has caused them. The lawyer, on the other hand, is primarily interested in the legally operative facts that are central to your claim or defense.  The lawyer has in his or her head predetermined questions that he or she needs answered before the lawyer can determine whether to take your case or what needs to be done.

4. Turnaround Time.

When you ask a lawyer to perform a given task, you might think that it is as simple as just going over here, or calling over there, or having a paralegal type something for him or her to sign. This is not usually the case. Most of a lawyer’s work product is tailor made for your legal issue, and takes time to produce.  Also (and many clients really don’t like hearing this) lawyers have other clients. It is only fair for the lawyer to tackle assignments on a first come, first served basis. Other times, the lawyer has to “triage” the various assignments by urgency.  For example, getting a client out of jail will usually take precedence over responding to a routine motion before the due date.

3. Tendency to Over-complicate Things.

This one is interrelated with #7. In being cautious, the lawyer’s objective is to be exhaustive; that is, to think of every possible scenario (even some that are unlikely) in order to be prepared and account for any possible detriment or setback. Something that may seem simple to a client (and may actually be) is not simple in the mind of the lawyer. In a lawyer’s mind, there is no simple answer to almost any question.  This is almost the equivalent to asking a mathematician what 2 + 2 equals.

2. Collegial Attitude.

This is one that I have found clients to hate the most.  Clients are often aggrieved and emotionally distraught at the acts of the opposing party, while the lawyer seems to talk to the “enemy” like they are best friends. Some of this might be appearance, and some might be reality. Most lawyers will strive mightily for your cause to the detriment of the other party, and then, when the ties come off, eat and drink as friends.  Lawyers, especially those in a small community, must work with one another time and time again on a number of cases. The lawyer cannot afford to destroy relationships over particular cases, and, believe it or not, this usually benefits the clients the lawyer represents, contrary to their belief.

1. No Promises.

Lawyers often seem spineless when it comes to committing to a result in a given case. So often clients come in for a first meeting and ask me, “So can you guarantee that ________ will happen?” No. I will never make such a guarantee.  This is because first, most jurisdictions have some ethical rule that prohibits the lawyer from making such promises.  Second, the legal system can be unpredictable and it would be foolish to make such a promise. Third, related to #8, the lawyer cannot afford for the client to develop unrealistic expectations that no lawyer could ever deliver. The lawyer’s goal is not only to get the best possible result for the client, but to counsel the client as to what that result likely will be.  Occasionally, that is not the news the client was hoping to hear.