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STATE v. LUCAS

No. 91A05-1003-CR-247.

934 N.E.2d 202 (2010)

STATE of Indiana, Appellant-Plaintiff, v. James G. LUCAS, Appellee-Defendant.

Court of Appeals of Indiana.

September 30, 2010.

Attorney(s) appearing for the Case

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

Patrick F. Manahan , Emerson & Manahan, Delphi, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

James G. Lucas was pulled over on suspicion of driving drunk. He failed two portable breath tests in the field. He then failed a B.A.C. Datamaster chemical breath test in jail less than twenty minutes later. Lucas was charged with operating while intoxicated, and he moved in limine to suppress the Datamaster test results. Lucas argued that according to Indiana's chemical breath test regulations, Datamaster results...

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