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FOR PUBLICATION
ATTORNEY FOR APPELLANT: STACY R. ULIANA Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Aug 03 2011, 8:47 am

IN THE COURT OF APPEALS OF INDIANA
MARTIN ROY EMERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 07A01-1009-CR-486

APPEAL FROM THE BROWN CIRCUIT COURT The Honorable Judith A. Stewart, Judge Cause No. 07C01-0801-FD-0002

August 3, 2011

OPINION - FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Martin Roy Emerson appeals his convictions for Operating a Vehicle While Intoxicated, a Class C misdemeanor,1 and Operating a Vehicle While Driving Privileges are Forfeited for Life, a Class C felony.2 We affirm. FACTS AND PROCEDURAL HISTORY On January 5, 2008, at approximately ten oclock in the morning, Chief Deputy Town Marshal Stephanie R. Loerzel of the Nashville Police Department was driving near Nashville, Indiana in an unmarked car when she saw a van traveling at a high rate of speed in the opposite direction. Deputy Loerzel used her radar gun and determined that the van was going eighty-five miles per hour in a forty-five-mile-per-hour zone. A second radar scan indicated that the van was going eighty-two miles per hour. Deputy Loerzel saw that a male was driving the van. Deputy Loerzel activated her cars lights and followed the van. The van turned onto a driveway and was out of Deputy Loerzels view for a few seconds. As Deputy Loerzel drove up to the van, a female, later identified as Sophia Morgan, entered the van via the drivers side door. A male, later identified as Emerson, was sitting in the front passenger seat. As Deputy Loerzel approached the van, Emerson screamed at her, demanding to know why she had stopped them. Emerson kept reaching under his seat and would not show Deputy Loerzel his hands, so she ordered him out of the van and handcuffed him. Deputy Loerzel noted that Emerson had a strong odor of alcoholic beverage on his person, and his speech

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Ind. Code

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