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STATE v. WHITNEY

No. 12A04-0707-CR-401.

889 N.E.2d 823 (2008)

STATE of Indiana, Appellant-Plaintiff, v. William R. WHITNEY, Appellee-Defendant.

Court of Appeals of Indiana.

June 30, 2008.

Attorney(s) appearing for the Case

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

Randy J. Williams, Ball, Eggleston, P.C., Lafayette, IN, Attorney for Appellee.

OPINION

MAY, Judge.

The State of Indiana appeals the grant of William R. Whitney's motion to suppress evidence of Whitney's intoxication. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

About 12:30 a.m. on January 17, 2006, Deputy Sheriff Jared Blacker was on patrol when he noticed a vehicle with a single bright headlight approaching. With his radar, he determined the vehicle was traveling seventy miles per hour in a fifty-five mile...

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