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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
Aug 31 2011, 9:53 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CASEY D. CLOYD Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEVE A. MORRISON, Appellant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 29A02-1012-IF-1337

APPEAL FROM THE HAMILTON SUPERIOR COURT The Honorable Wayne A. Sturtevant, Judge The Honorable David K. Najjar, Magistrate Cause No. 29D05-1005-IF-2384

August 31, 2011
MEMORANDUM DECISION - NOT FOR PUBLICATION

DARDEN, Judge

STATEMENT OF THE CASE Steve Morrison appeals the trial courts finding that he committed the class C infraction of failing to yield the right-of-way to an emergency vehicle.1 We affirm. ISSUE Whether there is sufficient evidence to support the finding that Morrison committed a traffic infraction. FACTS At approximately 2:00 a.m. on May 1, 2010, Fishers Police Officer Robert Murray was patrolling in a marked police vehicle when he observed Morrison fail to utilize his vehicles turn signal as he turned south onto Brooks School Road from 116th Street. Officer Murray "caught up with the vehicle and activated [his] emergency equipment just south of that intersection." (Tr. 10). Morrison, however, continued driving without any indication, such as a turn signal or hazard signal, that he intended to stop. Morrison drove for approximately "3/10 of a mile before finally stopping . . . ." (Tr. 10). When Officer Murray asked Morrison why he did not immediately stop, he replied that "he felt there was nowhere safe to stop" and "continued down until he could find one." (Tr. 10). Believing that Morrison could have stopped sooner, Officer Murray issued Morrison a citation for failing to yield to an emergency vehicle.
1

Ind. Code

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