Indiana News

Bisard Appears in Court, Hearing Set for May

3/25/2011

IMPD Officer David Bisard made another court appearance Friday on accusations he struck and killed a motorcyclist while drunk driving in his squad car.

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Marion Superior Court Judge Grant Hawkins Friday reset the hearing for the defense motion to dismiss six charges related to drunken driving to May 20.   

Bisard's attorney, John Kautzman, has asked the court to dismiss those six charges, saying a blood sample indicating Bisard was drunk was improperly taken.

The prosecution and defense team are expected to argue the merits of the charges on the new date.

Former Marion County Prosecutor Carl Brizzi had dropped the drunken-driving charges in August because he thought the blood test evidence would be thrown out in court.

Newly-elected Prosecutor Terry Curry refiled them, saying he the judge should decide. The debate over the test stems from an Indiana law on who's qualified to draw blood.

The blood test indicates Bisard had a blood-alcohol level of 0.19 two hours after the crash, more than twice the legal limit in Indiana.

If Hawkins sides with Bisard, the officer's most serious charge, a felony count of operating a vehicle with a BAC of 0.15 or higher causing death, would be dropped.
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