Livingston v. State

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant, Timothy M. Livingston (Livingston), appeals from his conviction in the Monroe Superior Court for operating a vehicle with a .10% or greater blood alcohol content, a Class D felony under IND. CODE 9-11-2-3.

We affirm in part and reverse in part.

STATEMENT OF THE FACTS

On September 17, 1987, at approximately 10:20 p.m., Livingston was stopped by an Indiana State Police Officer after he had been observed driving erratically and at speeds in excess of 80 miles per hour. Livingston’s eyes were bloodshot, his pupils were dilated and there was a…