By Senior Judge Earl G. Penrod | Indiana Judicial Outreach Liaison Introduction Since the arrival of the COVID-19, there has been a discussion about masking. Some advocate for a mask wearing mandate because science supports the efficacy of masks against the spread of the coronavirus, while others claim that a law mandating mask wearing is an unconstitutional infringement on individual liberties. The mask wearing … [Read more...] about The Issue of Masking: Non-COVID-19 Edition
By Earl G. Penrod, Senior Judge | Indiana Judicial Outreach Liaison Scenario: An Officer pulls over a vehicle for traveling 65 in a 55 mile per hour zone. The officer suspects the driver is impaired and administers field sobriety tests and a PBT, which results in a reading of .00. The officer then tells the driver that the next roadside test is an oral fluid test for drugs called SoToxa. When the driver says he has … [Read more...] about The Future is Now: Roadside Drug Tests in Indiana
By The Honorable Earl G. Penrod, Senior Judge | Indiana Judicial Outreach Liaison, IOCS Education Division Scenario: A police officer sees a vehicle pass by, but doesn’t see the driver. The officer doesn’t observe any traffic or improper driving violations, but runs the license plate and learns the registered owner has a suspended operator’s license. The officer stops the vehicle and immediately notices a strong od … [Read more...] about Drunk Driving: It All Begins with the Stop!
By Hon. Earl G. Penrod, Senior Judge & Indiana Judicial Outreach Liason | Indiana Criminal Justice Institute Fortunately, most drivers are law-abiding and respectful behind the wheel. However, traffic safety is negatively impacted by two additional types of drivers: those who do maddening things while driving and those who are particularly bothered by that conduct. Some examples: driving in the left lane while … [Read more...] about Bad Drivers: Irritating, unlawful, or both?
By Hon. Earl G. Penrod, Senior Judge & Indiana Judicial Outreach Liasion | Indiana Criminal Justice Institute "Not drunk is he who from the floor can rise alone and still drink more..." —Thomas Love Peacock Judges who preside over impaired driving cases quickly learn that the most common number of beers/drinks consumed by drunk driving defendants is two. Even though blood alcohol concentration (BAC) results … [Read more...] about Two Beers…