Hancock v. State

OPINION

FRIEDLANDER, Judge

Randall A. Hancock appeals his conviction of Operating a Vehicle With at Least Ten-Hundredths Percent of Alcohol by Weight in Grams in Two Hundred Ten Liters of Breath,1 a class C misdemeanor. We address sua sponte the following dis-positive issue:

Did the trial court err in convicting Hancock under Ind.Code Ann. § 9-30-5-1(a)(2)?

We reverse.

The facts favorable to the conviction are-that at 2:35 a.m. on December 6, 1997, Officer Bruce Rood of the Kokomo Police Department stopped Hancock because Hancock was driving without his headlights on. When he spoke to Hancock, he…