Garcia v. State

GARRARD, Presiding Judge.

David C. Garcia was tried by jury and was convicted of driving while intoxicated, driving while suspended and possession of LSD, a controlled substance.

The evidence disclosed that police officer +Raeder had been stopped waiting for a train to pass on a railroad crossing in Elk-hart. When the train passed, another motorist notified Raeder that a man was either asleep or unconscious in an automobile on the other side of the tracks. That person was Garcia. He was alone in an automobile that belonged to his wife.

Officer Racder testified that the engine was running and…