Legal Opinion
Sales v. State
Indiana Supreme Court
Decided February 7, 2000No. 08S02-0001-CR-29PublishedCited by 57 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
This case deals with the interpretation of a 1997 amendment to Indiana Code § 9-30-5-l(a) which criminalized operating a vehicle “with atdeast ten-hundredths percent (0.10%) of alcohol by Weight in grams in: ... two hundred ten (210) liters of the person’s breath.” We hold that prosecutions under this section, which has since been amended to eliminate any ambiguity, may proceed upon proof of operating a vehicle with .10 grams of alcohol in 210 liters of the person’s breath.
Factual and Procedural Background
On January 10, 1998, Mark Sales was stopped by…
2Cases cited15 opinions
- State v. McManusWisconsin Supreme Court · 1989
- State v. BraymanWashington Supreme Court · 1988
- Smith v. StateIndiana Supreme Court · 1996
- Park 100 Development Co. v. Indiana Department of State RevenueIndiana Supreme Court · 1981
- State v. DownieSupreme Court of New Jersey · 1990
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3Cited by57 opinions
- Prewitt v. StateIndiana Supreme Court · 2007
- Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
- Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
- Bolin v. WingertIndiana Supreme Court · 2002
- Mayes v. StateIndiana Supreme Court · 2001
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