Legal Opinion

State v. Johanson

Indiana Court of Appeals

Decided April 30, 1998No. 65A05-9709-CR-388PublishedCited by 9 opinions

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal, the State appeals from a grant of Steven Jay Johanson’s motion to suppress and presents the following restated issue: 1

Did the trial court err in granting Johan-son’s motion to suppress the results of his intoxication test where the breathalyzer machine malfunctioned, did not print the results, and the test operator wrote down the time and results of the test?

We affirm.

During the evening of January 22, 1997, Mount Vernon Police Officer Bryan Askren stopped the vehicle Johanson was driving after noticing that the headlights were not on.…

2Cases cited4 opinions

  1. Bowman v. StateIndiana Supreme Court · 1991
  2. Bowman v. StateIndiana Court of Appeals · 1990
  3. Daum v. StateIndiana Court of Appeals · 1993
  4. Thurman v. StateIndiana Court of Appeals · 1996

3Cited by9 opinions

  1. Wray v. StateIndiana Court of Appeals · 2001
  2. State v. MolnarIndiana Court of Appeals · 2004
  3. Guy v. StateIndiana Court of Appeals · 2004
  4. Lee v. StateIndiana Court of Appeals · 1999
  5. Gibson v. StateIndiana Court of Appeals · 2002

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