Legal Opinion

Edward Wolpert v. State of Indiana

Indiana Court of Appeals

Decided December 21, 2015No. 01A02-1506-CR-561PublishedCited by 4 opinions

1Opinion of the Court

MAY, Judge.

Edward Wolpert appeals his conviction of Class A misdemeanor operating a vehicle, with an alcohol concentration equivalent of .15 or more. 1 Wolpert argues the trial court abused its discretion when it admitted his EC/IR II test 2 results because the State did not lay a proper foundation for the admission of that evidence. We affirm.

Facts and Procedural History

On December 19, 2014, police stopped Wolpert’s vehicle. The officer noticed the smell of alcohol on Wolpert’s breath and asked Wolpert if he would submit to a chemical test to determine his blood alcohol content. Wolpert…

2Cases cited4 opinions

  1. Rush v. StateIndiana Court of Appeals · 2008
  2. Fields v. StateIndiana Court of Appeals · 2004
  3. Nivens v. StateIndiana Court of Appeals · 2005
  4. State v. RumpleIndiana Court of Appeals · 2000

3Cited by4 opinions

  1. Brian Harold Connor v. State of IndianaIndiana Court of Appeals · 2018
  2. Bradley Smith v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016
  3. Robert D. Mills v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
  4. State of Indiana v. Brain Gibson (mem. dec.)Indiana Court of Appeals · 2017

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