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GIBBS v. STATE

No. 1-882A243.

444 N.E.2d 893 (1983)

Gay GIBBS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied March 14, 1983.

Attorney(s) appearing for the Case

James T. Roberts, Nashville, for appellant.

Linley E. Pearson, Atty. Gen., Stephan E. Wolter, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Presiding Judge.

Gay Gibbs (Gibbs) appeals the suspension of her driver's license for refusing to submit to a breathalyzer test for intoxication pursuant to Ind. Code 9-4-4.5-4.

We reverse.

The facts disclose that Gibbs and her husband were stopped by two reserve deputies from the Brown County Sheriff's Department just after midnight on December 20, 1981. The deputies stopped Gibbs for failing to dim the bright lights of her vehicle. The...

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