State v. Huber

HOFFMAN, Judge.

The State of Indiana appeals from a trial court judgment ordering the Indiana Bureau of Motor Vehicles to remove a license suspension for breath test refusal from the driving record of defendant-appellee Charles Huber. The facts relevant to this appeal are summarized below.

On July 80, 1988, Huber was stopped by an Indiana State Police trooper for speeding. After conducting field sobriety tests, the trooper determined that he had probable cause to request Huber to submit to a breathalizer test. The trooper recited the Implied Consent Law from memory:

"I said 'sir I have probable…