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STATE v. CIOCH

No. 79S05-0902-CR-00092.

908 N.E.2d 1154 (2009)

STATE of Indiana, Appellant (Plaintiff below), v. Jason CIOCH, Appellee (Defendant below).

Supreme Court of Indiana.

July 1, 2009.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Cynthia L. Ploughe, Indianapolis, IN, Attorneys for Appellant.

Mathew S. Sandy, Teri A. Cummins, Lafayette, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 79A05-0804-CR-218

SHEPARD, Chief Justice.

The defendant in this drunk driving prosecution persuaded the trial court to suppress the results of his blood alcohol breath test on grounds that the test machine had not yet been adjusted to reflect daylight saving time since it took effect a few days earlier and the police officer wrote the actual time of day by hand on the test results printed by...

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