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TEMPERLY v. STATE

No. 49A02-1001-CR-52.

933 N.E.2d 558 (2010)

Thomas C. TEMPERLY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 9, 2010.

Attorney(s) appearing for the Case

J.J. Paul, III, Voyles Zahn Paul Hogan & Merriman, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Thomas C. Temperly was convicted after a bench trial of operating while intoxicated1 ("OWI") as a Class A misdemeanor. He appeals, raising several issues, which we consolidate and restate as:

I. Whether the sanctions imposed by Indiana Code section 9-30-7-3 required Temperly to consent to a chemical test in the absence of probable cause; II. Whether Temperly's blood test results obtained...

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