Vetor v. State

OPINION

RILEY, Judge.

STATEMENT OF CASE

Defendant-Appellant Timothy D. Yetor (Vetor) appeals from the denial of his petition for judicial review.

We reverse and remand.

ISSUE

Vetor presents one issue for our review which we restate as: whether the trial court erred in finding that Vetor refused a breath test.

FACTS AND PROCEDURAL HISTORY

At approximately 3:45 a.m. on September 13, 1996, Vetor was driving his automobile in Madison County, Indiana. At that time, he was stopped by Officer Grant of the Madison County Police for crossing the center line. Officer Grant asked Vetor for his license and…