Allman v. State

OPINION

VAIDIK, Judge

Appellant, Suzanne M. Allman, challenges the sufficiency of the evidence supporting her conviction for Operating a Vehicle with at least ten-hundredths percent (.10%) of alcohol by weight in grams in one hundred (100) milliliters of blood, 1 a class C misdemeanor. At trial, Allman’s blood alcohol, which was .104% sometime after the accident, was offered into evidence. However, because the State did not establish the precise time of the accident, the State was not permitted to rely on a statutory presumption which would have permitted the jury to presume Allman’s blood…