Curley v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Brian Curley (Curley), appeals his conviction of operating a vehicle while intoxicated, a Class A misdemeanor, Ind.Code § 9-30-5-2.

We affirm. 1

ISSUE

Curley raises a single issue on appeal, which we restate as follows: whether the trial court properly granted the State’s Motion in Limine, which found that the portable breath tests taken by the passengers in Curley’s car were not admissible.

FACTS AND PROCEDURAL HISTORY

Shortly before midnight on October 14, 1999, Curley, a student at DePauw University in Greencastle, Indiana, met his…