Wiggins v. State

*654OPINION

MATHIAS, Judge.1

Michael Wiggins ("Wiggins") was convicted of Class C felony operating while intoxicated causing death2 and Class D felony operating while intoxicated causing serious bodily injury 3 in Kosciusko Superi- or Court. Wiggins appeals and raises the following dispositive issue, which we restate as: Whether the trial court abused its discretion when it admitted the results of Wiggins' urine toxicology test into evidence. Concluding that the investigating police officer did not have probable cause to believe that Wiggins was intoxicated when he ordered the test, we reverse.

Facts…