Hornback v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Jeffrey D. Hornback appeals his convictions by jury of driving while intoxicated, a class A misdemeanor, and operating a vehicle with a blood alcohol content of .10% or more, a class C misdemeanor. We affirm in part and reverse in part.

ISSUES

1. Did the trial court err by taking judicial notice of the rules and regulations promulgated by the Indiana Department of Toxicology?

2. Did the trial court err in admitting the results of Hornback’s breath test?

3. Did the trial court err in denying Hornback’s motion for judgment on the evidence?

FACTS

On the…