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VETOR v. STATE

No. 48A04-9705-CR-190.

688 N.E.2d 1327 (1997)

Timothy D. VETOR, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

December 19, 1997.

Attorney(s) appearing for the Case

Kevin P. McGoff, Thomas D. Collignon, Kiefer & McGoff, Indianapolis, for Appellant-Petitioner.

Jeffrey A. Modisett, Attorney General, Preston W. Black, Deputy Attorney General, Indianapolis, for Appellee-Respondent.

OPINION

RILEY, Judge.

STATEMENT OF CASE

Defendant-Appellant Timothy D. Vetor (Vetor) appeals from the denial of his petition for judicial review.

We reverse and remand.

ISSUE

Vetor presents one issue for our review which we restate as: whether the trial court erred in finding that Vetor refused a breath test.

FACTS AND PROCEDURAL HISTORY

At approximately 3:45 a.m. on September 13...

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