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STATE v. MANUWAL

No. 50A05-0703-CR-182.

876 N.E.2d 1142 (2007)

STATE of Indiana, Appellant-Plaintiff, v. Adam L. MANUWAL, Appellee-Defendant.

Court of Appeals of Indiana.

November 28, 2007.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

James N. Clevenger, Wyland, Humphrey, Wagner, Gifford & Clevenger, LLP, Plymouth, IN, Attorney for Appellee.

OPINION

BAKER, Chief Judge.

Today we have the occasion to decide whether the trial court correctly determined that a driver of an all terrain vehicle (ATV) should not be prosecuted for driving under the influence of alcohol on his own property pursuant to Indiana Code sections 9-30-5-1 and —2, the statutes governing the offense of operating a vehicle while intoxicated. When examining the relevant provisions, it is apparent that the State should have...

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