Summers v. State

RATLIFF, Judge.

STATEMENT OF THE CASE

James A. Summers appeals his conviction by jury of operating a motor vehicle while intoxicated, a class A misdemeanor 1 He was fined $5000, sentenced to one year in jail, and his driver's license was suspended for two years. 2 We affirm.

FACTS

In the early morning hours of January 26, 1985, a pickup truck in which Summers and one Jerre Pinegar, a female, were passengers, failed to heed a railroad crossing flashing signal at Thirteenth Street and Seventh Avenue in Terre Haute. As a result, the truck was struck by a west bound Conrail freight train. Pinegar was…