Gibbs v. State

ROBERTSON, Presiding Judge.

Gay Gibbs (Gibbs) appeals the suspension of her driver’s license for refusing to submit to a breathalyzer test for intoxication pursuant to Ind.Code 9-4-4.5-4.

We reverse.

The facts disclose that Gibbs and her husband were stopped by two reserve deputies from the Brown County Sheriff’s Department just after midnight on December 20, 1981. The deputies stopped Gibbs for failing to dim the bright lights of her vehicle. The arresting deputy testified that Gibbs verbally abused him upon being stopped. Detecting the odor of alcohol, the deputy requested Gibbs to take a…