Marion Superior Court Judge Grant Hawkins ruled Tuesday that blood-alcohol evidence in the case of former Indianapolis police Officer David Bisard cannot be used to bring charges of drunken driving, but may be used to support a charge of criminal recklessness.
It was the first major court ruling in the case of Bisard, who was charged with seven felonies after an August 2010 crash in which one motorcyclist was killed and two more were injured.
"It's a tremendous ruling. We think it's in line with what the law is and what the facts have shown so far, that the blood draw does not meet the tests required under those DUI counts," said Bisard's attorney, John Kautzman.
Tuesday's ruling is just the start of what is likely to be a long legal road ahead, with an appeal likely that could last up to two years if it reaches the Indiana Supreme Court.
Bisard was on duty when he struck motorcyclists stopped at a red light on Aug. 6, 2010, killing Eric Wells and injuring Kurt Weekly and M
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