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SALES v. STATE

No. 08S02-0001-CR-29.

723 N.E.2d 416 (2000)

Mark A. SALES, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

February 7, 2000.

Attorney(s) appearing for the Case

Nicholas C. Deets, Lafayette, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Janet Brown Mallett, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

Stephen J. Johnson, Indianapolis, Indiana, Robert J. Guy, Monticello, Indiana, for Amicus Curiae Indiana Prosecuting Attorneys Council.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with the interpretation of a 1997 amendment to Indiana Code § 9-30-5-1 (a) which criminalized operating a vehicle "with at least ten-hundredths percent (0.10%) of alcohol by weight in grams in: ... two hundred ten (210) liters of the person's breath." We hold that prosecutions under this section, which has since been amended to eliminate any ambiguity, may proceed upon proof of operating a vehicle...

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