(La Porte County, IN) - A local lawmaker alleged to have driven drunk early this year is now formally charged after an outside judge accepting the case ruled the evidence against him was sufficient enough.
An initial court hearing has also been scheduled for June 18.
Indiana District 8 State Senator Mike Bohacek of Michiana Shores was issued a summons charging him with Class A misdemeanor operating while intoxicated.
Porter County Superior Court 6 Judge Jeffrey Thode on Monday accepted a request to preside over the case and found enough probable cause in the evidence to order Bohacek in a summons to defend himself against the allegations.
Thode was asked to hear the case after all judges in LaPorte County recused themselves to avoid any appearance of political impropriety.
Bohacek’s district includes much of LaPorte and Marshall counties along with all of Starke County and southern St. Joseph County.
His attorney, David Payne out of Michigan City is requesting Bohacek be allowed to keep driving until the case is decided.
Under Indiana law, judges in OWI cases have authority to order immediate driver’s license suspensions until the allegations are resolved.
Judges are also given the flexibility to allow defendants to keep driving as long as ignition interlock devices are installed on their vehicles.
A driver must blow into the device before the engine starts but the engine won’t start if the presence of alcohol is detected in the breath.
In his written motion, Payne is asking for an ignition interlock device for Bohacek, saying a driver’s license suspension would create a “substantial hardship” on him and his family.
A ruling has not been issued yet on the motion.
According to court documents, Bohacek after a January traffic stop in Michigan City had an alleged blood alcohol level over three times the legal limit.
He wasn’t charged right away because of a provision in the state constitution that prevents state lawmakers from being arrested while the Indiana General Assembly is in session except for treason, a felony or breach of peace.
This year’s legislative session ended in late April.
