Preview:

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Apr 16 2010, 8:57 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MARK K. PHILLIPS Boonville, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSEPH B. TEMPLE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A01-0912-CR-589

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Robert J. Pigman, Judge The Honorable Richard G. D'Amour, Magistrate Cause No. 82D05-0808-CM-5154

April 16, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Joseph B. Temple challenges the sufficiency of evidence to sustain his conviction for class A misdemeanor operating a vehicle while intoxicated ("OWI"). We affirm. At about 6:15p.m. on August 1, 2008, Indiana State Police Trooper Laura Tomes observed a speeding vehicle heading eastbound on Interstate 64. The vehicle, a large truck, was traveling at around ninety miles per hour and was weaving in and out of traffic. Trooper Tomes positioned herself behind the vehicle and engaged both her lights and siren. She pursued the vehicle for four miles before the driver, Temple, pulled off the roadway. During the pursuit, the vehicle traveled at a speed of ninety-three miles per hour. When she approached the vehicle and spoke with Temple, she noticed an "odor commonly associated with alcohol." Tr. at 8. When she asked Temple if he had been drinking, he said no. For the remainder of the conversation, Temple turned his head away from her. When Temple refused to take a portable breath test, Trooper Tomes administered two standard field sobriety tests--the Gaze Test and the One-Leg Stand Test, and Temple failed them both. Trooper Tomes then read Temple the Implied Consent Warning, and Temple refused a chemical breath test. She arrested him and placed him in her vehicle, at which point she again observed the smell of alcohol. After arriving at the county jail, Temple was again read his Implied Consent Warning and again refused to take a chemical breath test. On August 4, 2008, the State charged Temple with one count of class C misdemeanor OWI, one count of class A misdemeanor OWI in a manner endangering a person,1 and one

1

Ind. Code

Download Joseph B. Temple v. State of Indiana.pdf

Indiana Law