Jennings v. State

I cannot wholly agree with the reasoning of the majority opinion in affirming Jennings' conviction for driving while intoxicated as a Class D felony and his conviction for driving with a suspended license. Both convictions rest upon BMV records, which as the majority notes, were found to be ambiguous in Oller v. State (1984), Ind.App., 469 N.E.2d 1227, reh. denied, 472 N.E.2d 610, 611, and upon hearsay testimony.

Jennings' conviction for driving while intoxicated enhanced to a Class D felony is based upon the BMV record and the testimony by a probation officer, admitted over Jennings'…