Indiana News

Bisard Trial Likely to Follow Typical DUI Path

10/21/2013


David Bisard (WIBC.com file photo)

David Bisard's position as a police officer and the actions of other police at the scene have put his drunken-driving case in the spotlight. But the issues that will decide the case are essentially the same as in any DUI trial.

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The key to defending a DUI case is to persuade the jury that the blood or breath test showing the driver was over the limit wasn't reliable. Bisard's case is unusual in that it was prosecutors who first suggested that. Then-Marion County Prosecutor Carl Brizzi dropped the DUI charge because a since-amended state law governing where a blood sample must be drawn and by whom wasn't followed. Brizzi's successor Terry Curry refiled the charge, and the Indiana Court of Appeals agreed the jury could decide for itself whether the sample is reliable.

But IUPUI McKinney School of Law Professor Novella Nedeff notes there are two routes to a guilty verdict. A blood-alcohol reading of more than .08 is enough for a conviction if the jury finds the test reliable -- but prosecutors can also try to prove a driver was impaired, by introducing evidence of reckless or erratic driving.

Prosecutors say Bisard was going 73 miles an hour in a 40-mile-an-hour zone before slamming on the brakes just before the crash which killed motorcyclist Eric Wells. Nedeff says speeding alone ordinarily isn't enough to conclude a driver was impaired, but prosecutors have begun introducing witnesses who claim Bisard told them he'd been drinking. The defense, meanwhile, can point to several witnesses who say Bisard didn't appear drunk, while trying to explain away the speeding.

Bisard's trial is entering its second week. His lawyers said in opening statements he was racing to answer a call. Prosecutors say it wasn't an emergency run.

MORE FROM WIBC NEWS:
» IMPD Officers Testify in David Bisard Trial (10-18-13)
» Emergency Responders, Survivors Testify in David Bisard Trial (10-17-13)
» Bisard Trial Begins With Opening Statements, Juror's Removal (10-16-13)
» Jury Selected for David Bisard Trial (10-15-13)
» Judge: Prosecutors Can Use Both Blood Vials Against Bisard (9-3-13)
» Judge: Bisard Blood Vial Can Be Used As Evidence In Trial (8-28-13)
» Judge Considering Motions Following Bisard Pre-Trial (5-31-13)
» Bisard Moved to Allen County Jail (5-6-13)
» FOP Rescinds Legal Assistance for David Bisard (5-2-13)
» Ballard: Bisard Issues Shouldn't Tarnish IMPD's Image (5-2-13)
» Bisard Has Initial Hearing On Latest Charge (5-1-13)
» Bisard to Remain in Jail Until Court Appearance (4-30-13)
» IMPD Officer Faces More Drunk Driving Charges (4-29-13)
» David Bisard Arrested After Accident in Lawrence (4-27-13)
» IU Law Professor Expects Bisard Case to Conclude by Year's End (2-15-13)
» Judge Moves Bisard Trial to Allen County (2-14-13)
» Supreme Court Won't Hear Blood Evidence Challenge in Bisard Case (12-10-12)
» Judge Grants Change Of Venue In Bisard Case (12-6-12)
» City Settles with Remaining Bisard Crash Victims (10-25-12)
» Bisard Blood Ruling Heading to Indiana Supreme Court (10-18-12)
» Appeals Court: Bisard Blood Evidence Admissible in DUI Case (9-12-12)
» Judge Orders Bisard Sample Testing In Marion County (9-6-12)
» Bisard Victim's Widow Holding Memorial Ride (8-10-12)
» Judge Allows Blood Vial Tests In Bisard Case (7-12-12)
» New Lawsuit in David Bisard Case (6-21-12)
» City Reaches Settlement in David Bisard Civil Case (6-7-12)
» FBI Declines To Investigate Bisard Evidence Handling (6-1-12)
» Mayor: Letter On Bisard Case From County Prosecutor A "Non-Issue" (5-29-12)
» Bisard's Attorney Asks Judge to Block Testing of Blood Vial (5-18-12)
» County Prosecutor: We Will Still Bring David Bisard To Trial (4-17-12)
» Former Prosecutor Responds To Bisard Latest (4-17-12)
» IMPD Chief Resigns Amid Bisard Investigation (4-17-12)
» Judge Says Second Vial of David Bisard's Blood Can Be Tested (4-12-12)
» Crash Victim's Mother Says She'll Perservere Through Bisard Case Delay (3-12-12)
» Another Delay In David Bisard Case (3-9-12)
» Bisard, Prosecutors May Renew Duel Over Blood Samples (2-17-12)
» Judge Allows Blood Draw In Bisard Case (10-27-11)
» Demoted IMPD Officers Suing City (9-28-11)
» Judge Hears Arguments in David Bisard Case (5-20-11)
» Bisard Appears in Court, Hearing Set for May (3-25-11)
» Attorney Moves to Dismiss Bisard DUI Charge (2-4-11)
» Officer Accused in Fatal Crash Heads to Court (1-14-11)
» Bisard Attorney Reacts To Prosecutor's Decision (1-12-11)
» Prosecutor Reinstates DUI Charges Against Bisard (1-12-11)
» Sign Put up at Scene of Officer's Fatal Crash (12-31-10)
» Officer Demoted in Bisard Crash Is Promoted (12-29-10)
» Family Files Suit Against City in Bisard Crash Case (12-13-10)
» Straub And Owensby to Meet (12-10-10)
» Former IMPD Leader Plans To Sue City (12-9-10)
» Police Release Bisard Emails (11-11-10)
» Bisard Attorney Speaks on Release of Investigation Report (11-10-10)
» IMPD Releases Bisard Report (11-10-10)
» Crash Victim's Family Calls For Transparency (11-1-10)
» Council Committee Formed, May Review Bisard Case (10-5-10)
» Council Expected to Again Put Off Decision on Bisard Probe (9-28-10)
» Mother Of Victim In Bisard Crash Meets With Prosecutor (9-24-10)
» Council Considers Committee to Investigate Bisard Case (9-21-10)
» Bisard Drops Request for Aid from FOP (9-3-10)
» Friend of Bisard Crash Victim Searching for Answers (8-27-10)
» Judge Considers Bisard Change of Venue Request (8-27-10)
» Democrats Want Bipartisan Commission to Consider IMPD Changes (8-26-10)
» Motorcyclists Attempt To Meet With Lt. Governor (8-25-10)
» Three IMPD Officers Demoted (8-21-10)
» DUI Law Was Amended to Allow Lab Techs to Conduct Tests (8-20-10)
» Bikers Angry Over Bisard Case (8-20-10)
» IMPD Officer Charged in DUI Can Keep License (8-19-10)
» Defense: Don't Rush to Judgment Against Bisard (8-13-10)
» Victim of IMPD Crash To File Lawsuit (8-12-10)
» Expert Analyzes Arrested Officer's Alcohol Level (8-12-10)
» Cop Charged in Fatal DUI Arraigned (8-12-10)
» IMPD Officer Faces 7 Counts After Fatal Crash (8-11-10)
» City Leaders "Shocked" By IMPD Officer's Actions (8-11-10)
» IMPD: Officer in Crash Tests Positive for Alcohol (8-10-10)
» One Dead After Motorcycle Crashes Into IMPD Car (8-6-10)

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