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Thread: Lawyer files dismassal charges

  1. #1
    Olympic Champ r.payton@att.net's Avatar
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    Default Lawyer files dismassal charges


    Ofc. David Bisard faces charges following a fatal accident.

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    Lawyer wants all of Officer Bisard's charges dropped

    Updated: Friday, 04 Feb 2011, 4:55 PM EST
    Published : Friday, 04 Feb 2011, 4:55 PM EST
    INDIANAPOLIS (WISH) - The attorney representing suspended Indianapolis Metropolitan Police Officer David Bisard has filed a motion to dismiss all charges against Bisard.
    A newly-elected Marion County prosecutor had re-instated DUI charges on Jan. 12, after Bisard slammed into motorcyclists with his squad car in August. One person died and others were critically injured.
    Attorney John Kautzman filed the motion to dismiss the DUI charge because it was based on a blood draw surrounded by controversy. The blood may not have been legally drawn. The attorney said all other charges were also related to that blood draw.
    The state has 30 days to respond to Kautzman’s motion

    This guy was drunk,off duty and slammed into 2 motorcyclists killing one instantly. He was fired then re instated by a civilian review board . He was taken to an immediate care place and had a blood alcohol content of .04-which was thrown out as the center is not on approved list for Police. The mayor tried to fire him ,the chief of police and the outgoing DA-to no avail.

  2. #2

    Default Re: Lawyer files dismassal charges

    Did you accidentally misprint the .04 reading? Most states require a .08 reading to be drunk.

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    Olympic Champ RYou's Avatar
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    Default Re: Lawyer files dismassal charges

    Quote Originally Posted by quinn14 View Post
    Did you accidentally misprint the .04 reading? Most states require a .08 reading to be drunk.
    Check out the statutes in your home state. What you are apt to find is a second law that allows law enforcement to cite for Driving Under the Influence (DUI) for any BAC of .01 or above. The .08 is the benchmark for Driving While Intoxicated (DWI).

    When you been cited for +.08 DWI your attorney will likely negotiate a plea bargain down to DUI (.01-.07) which typically does not mandate a license suspension on the 1st go round.
    Life's not the breaths you take, the breathing in and out that gets you through the day ain't what it's all about. It's the moments that take your breath away.

  4. #4

    Default Re: Lawyer files dismassal charges

    Quote Originally Posted by RYou View Post
    Check out the statutes in your home state. What you are apt to find is a second law that allows law enforcement to cite for Driving Under the Influence (DUI) for any BAC of .01 or above. The .08 is the benchmark for Driving While Intoxicated (DWI).

    When you been cited for +.08 DWI your attorney will likely negotiate a plea bargain down to DUI (.01-.07) which typically does not mandate a license suspension on the 1st go round.
    This is all I could find. I knew that truck drivers and kids were lower, but I don't think the guy in the story was either. But I live in Ohio, not Indiana so it could be different. Or maybe I read this wrong.

    Drinking and Driving Laws in Ohio

    It is illegal in the State of Ohio to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers and drivers under the age of 21. In Ohio a DUI is called a OVI, meaning "Operating a Vehicle Intoxicated". The Ohio OVI law includes alcohol or drugs or both. While the OWI specify's a .08 BAC in the case of alcohol, it is illegal to drive with any amount of a controlled substance such as marijuana, cocaine, heroin, or meth present in the driver's blood.

    Here is the link I got it from: http://dui.drivinglaws.org/ohio.php

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    Olympic Champ r.payton@att.net's Avatar
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    Default Re: Lawyer files dismassal charges

    Yea-it was .19 Took me a while to find it as they released it then had to suppress it as the Lawyer claimed it was inflammatory and that since it was an illegal blood draw it was a moot point.
    POINT is this guy was shit face , off duty and still drove his cruiser to the scene where he rammed in to 2 parked Bikers. And is NOT even being fired . The FBI is investigating the case now.

  6. #6
    Olympic Champ r.payton@att.net's Avatar
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    Default Re: Lawyer files dismassal charges

    On Friday, August 6, 2010 IMPD Officer David M. Bisard traveled westbound on E. 56th St. across I-465 driving his semi-marked police vehicle with red/blue lights and sirens activated at a high rate of speed (73 mph in a 40 mph zone). Officer Bisard was weaving in and out of traffic. Officer Bisard crashed into three people on two motorcycles that were stopped at a red light at Brendon Way Parkway.

    Mr. Eric Wells, 30, died as a result of injuries sustained in the crash. Ms. Mary Mills, 47, was seriously injured. Mr. Kurt Weekly, 44, was critically injured.

    To comply with state law pertaining to mandatory blood draws for drivers involved in fatal crashes, Officer David Bisard consented to a blood draw. The blood draw was conducted at the Methodist Occupational Health Center, 1101 Southeastern Avenue, by Michelle Maga, a medical assistant and phlebotomist who had been assisting the attending physician Dr. Alex Sajiv while he treated Officer Bisard’s injuries.

    Three days later, on Monday, August 9, 2010, one of the two vials of Officer Bisard’s blood was tested for alcohol at the Indianapolis Marion County Forensic Services Agency (“Crime Lab”). Those tests showed Bisard’s blood contained .19 grams of alcohol per 100 milliliters of blood (.19% BAC). Marion County Prosecutor Carl Brizzi was advised of the results. The next day, Tuesday, August 10, the test results were made public. A warrant was issued for Bisard’s arrest. Prosecutor Brizzi filed the following charges against Officer Bisard:

    Reckless Homicide/FC

    Operating a Motor Vehicle w/ a BAC of 0.15 or Higher Causing Death/FB

    Operating a Motor Vehicle While Intoxicated Causing Death/FC

    Operating a Motor Vehicle While Intoxicated Causing Serious Bodily Injury/FD

    Operating a Motor Vehicle w/ a BAC of .08 or higher Causing Serious Bodily Injury/FD

    Operating a Motor Vehicle While Intoxicated Causing Serious Bodily Injury/FD

    Operating a Motor Vehicle w/ a BAC of .08 or higher Causing Serious Bodily Injury/FD

    On the following day, Wednesday, August 11, 2010, IMPD Chief of Police Paul R.

    Ciesielski suspended Officer David Bisard pending formal termination proceedings by the Merit Board.

    Bisard left the meeting with Chief Ciesielski and turned himself in at the Arrestee

    Processing Center (APC), to be booked. He posted the required $10,000 bond and was released shortly thereafter.

    On Thursday August 19, 2010, Prosecutor Brizzi announced his decision to dismiss the alcohol-related charges against Officer David Bisard. Brizzi said he decided to drop

    The Bisard Case Page 4

    charges because the blood draw was improperly taken and would not be admissible. He said, “It wasn’t conducted at a hospital, as it’s defined under the statute, and it wasn’t performed by someone who has the legal requirements necessary.” He explained a ‘lab tech’ at the clinic performed the draw.

    In the wake of the dismissal of alcohol-charges, Public Safety Director Frank Straub, PhD., requested the FBI assign agents to conduct an independent investigation. FBI Special Agents Bradley Bookwalter (of Merrillville, IN) and Russell Warlick (of Bloomington, IN) were assigned and were assisted by IMPD Detectives Rick Burkhardt and Tom Lehn.

    This investigation determined that Officer Bisard violated several IMPD General Orders on the day of the crash. The investigation determined that due to poor crash/crime scene control, and a lack of supervision, evidence was lost and/or seriously compromised. There is no evidence to suggest that Officer Bisard’s blood was improperly secured, entered into evidence improperly, or that the blood test results were altered. In fact, all of the tests confirm that Officer David Bisard’s blood alcohol content (B.A.C) was .19%. This report supports Chief of Police Paul Ciesielski’s recommendation for Officer David Bisard’s termination, and the demotions and re-assignments of sen

  7. #7

    Default Re: Lawyer files dismassal charges

    Well, I agree that .19 is pretty darned drunk. I like the part where it says that poor crime scene control and lack of supervision comprimised the case. Hmmmm.....nothing suspicious here, move along please.

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