Indiana DUI DWI, OWI, Drunk Driving, Impaired Driving defense Attorney Lawyer ~ Indiana Criminal Defense Attorney

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Old Lake County Courthouse - Crown Point

          DUI DWI OWI courts in Lake County include four Superior Courts, seven City Courts, and three Town Courts.
           Lake Superior Court, County Division, comprises three courtrooms in the Lake County Government Center in Crown Point and one in the Superior Courthouse in Hammond. These four courts have jurisdiction over both misdemeanor and Class D felony charges.
           City Courts are located in Crown Point, East Chicago, Gary, Hammond, Hobart, Lake Station, and Whiting. They have jurisdiction over misdemeanors, as well as infractions and ordinance violations, but not felonies.
           Town Courts are located in Merrillville, Schererville, and Lowell. Their jurisdiction is similar to that of City Courts.

II. Understanding Your Cause Number
           The Cause Number of your case tells you the county and court in which it was filed, the month and year of filing, and the class of misdemeanor or felony of the most serious charge filed.

      In the fictitious Cause Number "45D08-0705-CM-12345":

1. "45" represents Lake County (counties are numbered in alphabetical order from 1-92)
2. "D" means Superior Court
3. "08" means Courtroom 8 (known as County Division, Room 2-see below)
4. "07" represents year of filing (2007)
5. "05" represents month of filing (May)
6. "CM" means criminal misdemeanor
7. and "12345" indicates order of filing that year.

           In this system, "C" indicates Circuit Court, "D" indicates Superior Court (other than the Criminal Division), "G" indicates Superior Court (Criminal Division), "H" indicates a City Court, and "I" indicates a Town Court. In Lake County, the Circuit Court does not hear criminal cases, nor does the Superior Court, Civil Division. The Superior Court, Criminal Division hears "heavy" or "major" felonies of Class C or greater, which may include the most serious drunk driving cases, where serious bodily injury or death resulted.
           Nearly all DUI cases are handled by the fourteen courts mentioned in Part I.

III. Court-specific information

          Because the Superior Courts in Lake County are divided into four divisions (Civil, Criminal, County and Juvenile) which are then divided further by courtroom, the numbering system does not directly correspond to "Room Number". For example, "45D07" is "Lake Superior Court, County Division, Room 1", "45D08" is "Lake Superior Court, County Division, Room 2", and "45D09" is "Lake Superior Court, County Division, Room 3", because these former "County Courts" became the 7th, 8th and 9th Superior Courts when they were converted back in the 1980s. When a fourth Room of the County Division was created years later, it became "45D12" ("Lake Superior Court, County Division, Room 4").

           Here is the breakdown, by Court Designator, of all 14 Lake County DUI Courts as of 2007:

IV. Case Management, Procedures and Scheduling

           Lake County's DUI courts are all separately administered by their respective judges and staffs. Thus, except when Indiana statutes or Criminal Rules provide for specific procedures, the individual courts have considerable latitude in how they manage their dockets.

           Nevertheless, there are some general procedures that generally apply. These can be modified at any time, so it is your responsibility (or your attorney's) to verify what needs to be done and when. An experienced Lake County DUI attorney familiar with Lake County's unique legal culture will know what is required in each court. Lake County's court system can be confusing, not only to the accused drunk driver, but also to attorneys from other counties.

           A. Administrative license suspension. Even though a statute specifically provides that your administrative license suspension for either failing or refusing your blood, urine or breath test is to begin at the Initial Hearing, Lake County's court clerks have always sent the paperwork down-state shortly after the case is filed. It is likely that your license suspension will begin before your initial hearing. This is why obtaining a DUI lawyer immediately is so important.

           B. Initial Hearing. The initial hearing is when the Judge officially informs you of your constitutional rights and the charges against you, enters your not guilty plea (unless you choose to plead guilty at that point, which you should never do), orders discovery, and sets future court dates.
           In Lake County, initial hearings may be waived on misdemeanors, if an attorney has entered his Appearance and filed a waiver with the court. There is obviously a substantial benefit to the client in avoiding the loss of a day's work (and pay) and the inconvenience of attending court for what is basically a formality.
           In felony cases, there is no statute specifically prohibiting the waiver of an initial hearing, yet courts do not permit this.
           Regardless whether your case is a misdemeanor or felony, it is wise to obtain DUI counsel before the initial hearing date.

           C. Other Court Dates. After the Initial Hearing, there is no uniform designation for future court appearances. Some courts set "omnibus hearings" while others set "mandatory disposition conferences". Normally a "pretrial conference" will be set before any trial date.