Current Indiana law requires ONLY a portable breath test when there is an accident that causes a fatality or serious bodily injury. An officer should seek all evidence including a chemical test and when use of a phone was admitted to or witnessed, a warrant for the phone. This would help secure necessary evidence to determine the cause of an accident as tragic as Mitchell's, but they are not required by Indiana law to do so. This must change!
Mitchell’s Law aims to change that.
Phase one of this proposed legislation would require:
- Mandatory toxicology screening when there is a fatality or serious bodily injury.
This is about protecting future lives and ensuring that families like Mitchell’s aren’t left without answers and offending drivers are held accountable.
Our goal is to continue to fight until it is also mandatory to issue warrants for cell phone data in cases of a fatality or serious bodily injury.