Appellate Brief - Independent and Scientific Evidence

[Name of the Institute]

Appellate Brief - Independent and Scientific Evidence

Sometime after midnight on August 25, 2008, Indiana State Trooper Joshua Greer observed a vehicle, which he later determined was being driven by Staten, driving on the Boonville Junior High School access road between State Road 61 and Yankeetown Road. While driving approximately 100 yards behind Staten, Trooper Greer saw Staten drive left of center and drive through a 3-way stop sign without stopping or slowing down. After seeing Staten commit these potential traffic violations, Trooper Greer initiated a traffic stop.

Upon approaching Staten's vehicle, Trooper Greer could smell a strong odor of alcoholic beverage through Staten's open driver's side window. Trooper Greer identified himself as an Indiana State Trooper and asked for Staten's driver's license and vehicle registration. Staten retrieved his wallet. While going through his wallet, Staten passed his driver's license several times before handing Trooper Greer his bank debit card. Trooper Greer gave Staten back his debit card, told Staten he needed Staten's driver's license, and pointed to Staten's driver's license which he saw in Staten's wallet. Eventually, Staten gave Trooper Greer his driver's license and told Trooper Greer that he had been drinking at the Duck Inn.

Trooper Greer asked Staten if he was willing to perform field sobriety tests, and Staten agreed. Staten attempted to perform the horizontal gaze nystagmus test and the one-leg-stand test. Staten failed both tests. After administering a portable breath test, Trooper Greer read Staten the Indiana Implied Consent. Staten agreed to take the chemical test, and Trooper Greer transported Staten to the Chandler Police Department where the test was subsequently administered by Chandler Police Officer Eric Morris. The results of the chemical test indicated that Staten registered a blood alcohol content ("BAC") of 0.15 percent. On August 25, 2008, the State charged Staten with Class A misdemeanor operating a vehicle while intoxicated endangering a person, Class A misdemeanor operating a vehicle with a BAC of 0.15 or more, Class C misdemeanor operating a vehicle while intoxicated, Class C infraction failing to obey a stop sign, and Class C infraction driving on the wrong side of the road. Following a bench trial, the trial court found Staten guilty of the three operating while intoxicated charges and the failing to obey stop sign infraction. On May 28, 2010, the trial court sentenced Staten to concurrent terms of one year for the Class A misdemeanor operating while intoxicated convictions and a concurrent term of thirty-days for the Class C misdemeanor operating while intoxicated, all of which was suspended to probation. The trial court also imposed a $5 fine for the Class C traffic infraction. On June 15, 2010, the trial court, on its own motion, issued a corrected judgment and sentencing order that vacated the convictions of and sentences for Class A misdemeanor operating a vehicle with a BAC of .15 or more and Class C misdemeanor operating a vehicle while intoxicated. The trial court ordered that the conviction and one-year ...