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Chris Soules Arrested

Incyte said:
You don't need to prove he was over any limit to show intoxication. You would need to show he was "under the influence of an alcoholic beverage"

IC 321J.2

1. A person commits the offense of operating while intoxicated if
the person operates a motor vehicle in this state in any of the
following conditions:
a. While under the influence of an alcoholic beverage or
other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in
the person, as measured in the person's blood or urine.
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True but that is going to be really difficult unless they have witnesses. They will need witnesses that could testify as to signs of him being under the influence of alcohol at the time of the accident.
 
isufbcurt said:
I'm pretty sure they can deny their services. Public Defenders can't but a private Attorney can.
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Maybe thats what Im thinking. For some reason, I was under the impression that an attorney cant deny service unless there is some sort of conflict on interest.
 
DSMCy said:
Amazing how the narrative changes when the details finally come out.
At first it was reported that he just took off after the accident. Now, not only did he call 911, but his defense claims he stayed at the scene even after paramedics arrived.
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??? He was not free to leave the scene until law enforcement authorities said he could. EMS workers at the scene are not authorized to tell him he could leave, and I'm sure did not.
That's why they issued a warrant for his arrest.
Small detail: he lied to the Buchanan County Dispatch and said "can I call you right back?" and then a few seconds later took off. Notice he didn't ask them "am I free to leave now?"
 
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Tornado man said:
??? He was not free to leave the scene until law enforcement authorities said he could. EMS workers at the scene are not authorized to tell him he could leave, and I'm sure did not.
That's why they issued a warrant for his arrest.
That's why he lied to the Buchanan County Dispatch and said "can I call you right back?" and then a few seconds later took off. Notice he didn't ask them "am I free to leave now?"
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OR why did he not come out and answer the police questions when they finally tracked him down. Even if the accident was 100% not his fault, I'm sure the police had questions about a fatal accident.
 
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Tornado man said:
??? He was not free to leave the scene until law enforcement authorities said he could. EMS workers at the scene are not authorized to tell him he could leave, and I'm sure did not.
That's why they issued a warrant for his arrest.
Small detail: he lied to the Buchanan County Dispatch and said "can I call you right back?" and then a few seconds later took off. Notice he didn't ask them "am I free to leave now?"
Click to expand...
I'm not sure I follow. Doesn't the statute quoted above define the extent of his obligation to stick around? Beyond that, he doesn't need permission from what I can tell.
 
Tornado man said:
??? He was not free to leave the scene until law enforcement authorities said he could. EMS workers at the scene are not authorized to tell him he could leave, and I'm sure did not.
That's why they issued a warrant for his arrest.
Small detail: he lied to the Buchanan County Dispatch and said "can I call you right back?" and then a few seconds later took off. Notice he didn't ask them "am I free to leave now?"
Click to expand...

Lying and saying you are going to call the dispatch back isn't a crime.
 
jsb said:
OR why did he not come out and answer the police questions when they finally tracked him down. Even if the accident was 100% not his fault, I'm sure the police had questions about a fatal accident.
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He's under no obligation to answer questions, from what I can tell. I know that bothers people, but if we don't like it, we should change the law.
 
ZB4CY said:
Lying and saying you are going to call the dispatch back isn't a crime.
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Well, it's certainly a crime if you leave the scene without providing your name, address, registration, and driver's license info. He provided his name to dispatch, that's all. That's what law enforcement would have collected once they got there, and why he was later arrested.
 
chuckd4735 said:
Maybe thats what Im thinking. For some reason, I was under the impression that an attorney cant deny service unless there is some sort of conflict on interest.
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I thought individual public defenders could as long as someone in the office picked the client up. Because a group of defense attorneys came to talk to my class and one of them was a pd and mentioned swapping clients with another public defender because they couldn't work with them.
 
I find this whole case to be very interesting. First, I would tend to agree the law is vague as to your responsibilities. Second, I think their initial argument of the statute being in violation of one's right against self incrimination is interesting as well. If nothing else, I think it would be an argument you could successfully appeal.
 
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Clonefan32 said:
I find this whole case to be very interesting. First, I would tend to agree the law is vague as to your responsibilities. Second, I think their initial argument of the statute being in violation of one's right against self incrimination is interesting as well. If nothing else, I think it would be an argument you could successfully appeal.
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Same thought I had. How do you update or apply laws in a modern environment.
 
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