Albaugh v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

William Albaugh’s pickup broke down one evening shortly before Christmas. He walked home and he and his girlfriend began drinking. Five hours later, a police officer appeared and told him to move his truck. When Albaugh did so, the officer arrested him for driving while intoxicated. We reverse Albaugh’s conviction, holding that the State failed to meet its burden of proving that the officer did not cause Al-baugh to drive his truck while intoxicated.

Background

On December 20, 1995, Defendant William Albaugh and his girlfriend, Jennifer Gray, had an…