STATE v. HUBER

No. 37A03-8812-CR-372.

540 N.E.2d 140 (1989)

STATE of Indiana, Appellant (Plaintiff below), v. Charles R. HUBER, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

July 3, 1989.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant.

Michael Riley, Riley & Riley, Rensselaer, for appellee.


HOFFMAN, Judge.

The State of Indiana appeals from a trial court judgment ordering the Indiana Bureau of Motor Vehicles to remove a license suspension for breath test refusal from the driving record of defendant-appellee Charles Huber. The facts relevant to this appeal are summarized below.

On July 30, 1988, Huber was stopped by an Indiana State Police trooper for speeding. After conducting field sobriety tests, the trooper determined that he had probable cause...

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