State v. Costas

DICKSON, Justice.

The defendant, William Costas, a resident of Porter County, was charged with a Class C infraction - under Ind.Code § 13-1-1-9 for failure to have his automobile emissions tested pursuant to 825 IAC 13-1.1. The trial court granted the defendant's motion to dismiss, finding the statute unconstitutional as applied. In this direct appeal pursuant to Ind.Appellate Rule 4(A)(8), the State's enumeration of claimed errors includes the contention that the trial court erred in determining the statute and its implementing regulations to be unconstitutional as applied.

In an effort to…