State v. Walker

STATON, Judge.

The State of Indiana appeals the acquittal of Tammy N. Walker.1

We dismiss the appeal.

The facts most favorable to the trial court’s judgment indicate that Walker and her boyfriend, James Tucker, were returning home after a night out during which they had both consumed a number of beers. Tucker was driving as they turned off of Highway 30 near Valparaiso en route to LaCrosse. They soon encountered a slow-moving train at a railroad crossing, and stopped to wait for it to pass. Tucker indicated that he was tired and felt he had too much to drink, and Walker offered to drive. They…