Dragging It out in Court

Just take a look at the date on this story: October 27, 2011. On this day in Indianapolis, a judge ruled that evidence from a blood-alcohol test can be used to support a charge of “criminal recklessness.” But the case it is talking about is from August 6, 2010 – over a year ago. And, since it may likely be appealed, it could be two more years before a decision is made.

And yet, in a case where it ought to be common sense that having an alcohol level of 0.19 percent while driving a car is against the law, lawyers have found ways to discount the evidence based on precisely how it was gathered.

The case is that of Indianapolis Police Officer David Bisard, age 37, who while on duty struck three motorcyclists when he was attempting to stop for a red light. One of the motorcyclists died and the other two were injured. Two hours after the crash Bisard was given a blood-alcohol test with the above-stated results. The articles doesn’t state what was less than standard about the procedure followed to get the test, but it does quote Deputy Prosecutor Denise Robinson as saying, ""The blood draw was appropriately done and we presented evidence of that. The testing mechanisms that were used met the requirements of Indiana law and I don't think that something as important as the blood test result should be omitted from the jury when we go to trial in this case."

Mary Mills, one of the injured cyclists, commented, "The man was very drunk and had no business being behind the wheel of a car, let alone wearing a badge."

Officer Bisard was charged with seven felonies. The blood-alcohol evidence is valuable in helping to prove some of the charges. Bisard’s lawyer says, “My client wants me to always remind this community that he recognizes that this was a tragedy.”

So, it was a tragedy, and it’s over and done with, except two people may have lasting injuries and one man lost his life, leaving a wake of grief behind him. The big question, then, is, what is the appropriate punishment for a crime like this? It wasn’t intentional that he hit them, but then again, it was intentional that he drank liquor which led him to hit them. Should he lose his job because it was conduct unbecoming of an officer? Should he lose his life? Should he have to pay money to the injured and bereaved parties for an extended amount of time? Should he spend time in jail?

And how will his punishment prove to deter other people from doing the same horrible thing: driving drunk?

It will be a long time and a lot of money spent until we learn that answer.