RUGE v. KOVACH

No. 484S116.

467 N.E.2d 673 (1984)

John RUGE, Clerk of the Porter Superior Court, and Michael M. Packard, Commissioner of the Indiana Bureau of Motor Vehicles, Appellants (Defendants below), v. David KOVACH, Lloyd Ferguson, Fred Paul, and Dennis Dowell, Appellees (Plaintiffs below).

Supreme Court of Indiana.

Rehearing Denied October 22, 1984.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Arthur M. Small, Deputy Atty. Gen., Indianapolis, for appellants.

Robert P. Harper, Larry W. Rogers, Harper, Rogers & Harper, Valparaiso, for appellees.


PIVARNIK, Justice.

This appeal comes directly to us pursuant to Ind.R.App.P. 4(A)(8) since this case involves an Indiana statute that "has been declared unconstitutional in whole or in part." The statute involved is Indiana's Operating a Vehicle While Intoxicated Law, Ind. Code §§ 9-11-1-1 through 9-11-4-15 (Burns Supp. 1984) (effective September 1, 1983). We note that although minor amendments were made to this statute effective April 1, 1984, this case...

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