March 31, 2020
The building where Klemm’s Candlelite Cafe once was, had to be condemned after an Ohio woman drove her vehicle into the building in March of 2019. Police were called to the scene after someone reported the crash. Witnesses say that there was a man and a woman in the car and that they were behaving “strangely” outside of their vehicle after the crash.
The crash occurred at 3:30 a.m., so no one within the building was injured. However, one of the individuals inside the vehicle did suffer minor injuries. According to police, one of the building’s support beams was severely damaged in the crash, resulting in the building being condemned.
25-year-old Ashlee Abbot was charged with DUI.
In Indiana, DUI, or (OWI) is charged as a misdemeanor. Misdemeanors are crimes for which the maximum sentence is one year (or less) in county jail. The same charge can be escalated to a felony if someone is killed or injured. It can also be escalated to a felony for severe property damage.
Typically, an individual convicted of DUI would need to make restitution to the plaintiff in the form of monetary compensation for property damage. However, insurance is a factor in restitution, as well. However, when the amount of damage you do to a vehicle or building is greater than your policy limit, the money can be extracted from you directly. In cases in which you manage to destroy an entire building and have no means of making restitution to the owner of that building, you may, in fact, face felony charges for causing extensive damage.
Indiana has several “enhancements” that can raise your misdemeanor DUI charge to a felony. These include driving with someone under the age of 18 in your car, causing death or serious bodily injury, serious property damage, and driving with a BAC of .15 or more. Additionally, you could face felony charges if this was not the first time you were caught driving under the influence.
Chances are, if you are involved in any type of accident in which you were driving under the influence of drugs or alcohol, you will face steeper penalties, even if no one was seriously injured. When the property damage is extensive, as in the case of causing a building to be condemned, you are likely to face felony charges for the accident.
If you have been charged with DUI in Indiana, you have a tough road ahead of you. It does not need to be made any more difficult by failing to retain counsel to represent you during the process. Call The Bellinger Law Office today to learn more about how we can help.
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