Dannie Carl Pattison v. State of Indiana

MAY, Judge.

Dannie Carl Pattison appeals his conviction of Class D felony ¡operating a vehicle with an alcohol concentration equivalent (ACE) of .08% or more with a prior conviction within the last five years. 1 Pattison asserts a jury instruction included a constitutionally impermissible, evidentia-ry presumption that shifted the burden of proof to him on an element of the offense.

We reverse.

Facts and Procedural History

On March 3,2013, around 1:30 a.m., Jonesboro Police Officer Justin Chambers stopped Pattison’s car because the taillights were not working. Officer Chambers activated his…