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BORDENKECHER v. STATE

No. 49A02-8908-CR-429.

562 N.E.2d 49 (1990)

Michael BORDENKECHER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 20, 1990.

Transfer Denied February 19, 1991.

Attorney(s) appearing for the Case

J.J. Paul, III, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SHIELDS, Presiding Judge.

Michael Bordenkecher appeals his conviction for operating a vehicle with .10% or more blood alcohol content, a class C misdemeanor. IC 9-11-2-1(a) (1988).

We reverse.

FACTS

Bordenkecher was stopped at approximately 1:00 a.m. while traveling eastbound on Washington Street without lighted headlights. The stopping officer detected the odor of an alcoholic beverage on Bordenkecher's breath and observed his eyes were...

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