Zakhi v. State

STATON, Judge.

Appellant Daniel Zakhi appeals from his convictions for operating a motor vehicle while intoxicated and resisting arrest. Za-khi presents this court with four issues for review, only two of which this court need address:

1. Whether Zakhi's waiver of jury trial was adequate.

2. Whether Zakhi knowingly refused to submit to a breathalyzer test. Reversed and remanded.

On October 18, 1988, Fort Wayne Police Officer Wayne Kelly noticed a vehicle proceeding down a city street at a high rate of speed. After observing the vehicle squeal its tires leaving an intersection, Kelly directed the…