Smith v. State

SULLIVAN, Judge.

Mikel Smith (Smith) appeals from his conviction of driving while intoxicated, a class A misdemeanor.

We affirm.

The evidence most favorable to the judgment shows that on the evening of May 23, 1985, Smith was riding his motorcycle toward Logansport. Indiana State Police Trooper David Patty (Patty) stopped Smith after receiving a reading of seventy-four miles per hour on his radar unit when Smith drove by. Patty asked Smith to be seated in his patrol car, whereupon Patty noticed the odor of alcohol. Patty drove Smith to Logansport where a breathalyzer test was administered to…