Jacks v. State

OPINION

MATHIAS, Judge.

Timothy Jacks (“Jacks”) was convicted in Wayne Superior Court of Class A misdemeanor operating a motor vehicle while intoxicated and sentenced to serve ninety days with eighty-six days suspended. Jacks appeals, raising the issue of whether his refusal to submit to a chemical test was improperly admitted into evidence at trial as the officer had not informed him that such a refusal could be used against him in a criminal prosecution. We affirm.

Facts and Procedural History

On May 14, 2005, State Trooper Kelly McPheeters (“Trooper McPheeters”) observed Jacks driving 73 miles…