Indiana Drunk Driving Accident Lawyer Revisits David Bisard Case

As many of you know the David Bisard case arises out of an alleged drunk driving case.  David Bisard, while on duty with the Indianapolis Metropolitan Police Department was allegedly responding to an emergency call.  While on his way, he ran into the back of three motorcyclists, killing 30 year old Eric Wells and severely injuring two others.  The collision scene was treated as a personal injury accident scene, instead of a crime scene.  The difference between the two is with the crime scene evidence is preserved about the alleged crime.  At an accident scene, evidence is not generally preserved.  It is not clear when, if ever,  the officers at the scene began to suspect that officer Bisard might be intoxicated.  Regardless, he was transported from the scene of the collision to a lab to have him tested for alcohol.  The lab was not certified for evidence taking which casts doubts upon the admissibility of the results of the tests at any criminal trial against Bisard.

 Former Marion County Prosecutor, Carl Brizzi, actually dismissed the charges against Bisard citing problems with the tests.  Once in office, current Marion County Prosecutor, Terry Curry, refilled the charges and is now pursuing those charges.  Defense counsel for Officer Bisard has filed papers with the Court, in which the criminal case is pending, asking the Judge to rule that the tests results are not admissible in Bisard’s criminal case. In addition the defense has asked the Court that if it finds the test results are not admissible, to dismiss the drunken driving charges against Bisard.  The logic of that motion is that if you have no admissible evidence that Bisard was intoxicated, you cannot prosecute him for drunk driving.

Marion County Judge Grant Hawkins is holding a hearing today to hear the positions of both the defense and the prosecution on the merits of the defense motion.  It is not likely that the ruling will be issued today.  This is a very complex issue and the judge will probably want to consider the arguments and the law before he issues a ruling.

Although we accept that Bisard is innocent until proven guilty, we still want to take this opportunity to raise awareness about the dangers of drunk driving. Drunk driving is a selfish act that hurts not only the victim, but their family as well as the family of the drunk driver.  Call a friend, call a cab, walk.  Do anything, but do not drink and drive.