Staten v. State

The State concedes that it failed to prove that Staten committed the class C traffic infraction with which he was charged, and I concur in the majority’s decision to vacate the trial court’s finding on that count. I respectfully disagree, however, with the majority’s conclusions that (1) the traffic stop was valid and (2) the State presented sufficient evidence to sustain Staten’s conviction for class A misdemeanor operating while intoxicated (“OWI”).

1. Validity of Traffic Stop

“The State has the burden of proving that the investigatory stop of an automobile was not violative of the…