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08/31/87 BRIAN CLARK v. STATE INDIANA

Filed: August 31, 1987.

BRIAN CLARK, DEFENDANT-APPELLANT
v.
STATE OF INDIANA, PLAINTIFF-APPELLEE



APPEAL FROM THE MONROE SUPERIOR COURT DIVISION IV, The Honorable Douglas R. Bridges, Judge, Cause No. MO-8602-031-E.

Neal, J., Robertson, J. Concurs; Shields, J. Concurs W/opinion And IN Result.

Author: Neal

NEAL, J.

STATEMENT OF THE CASE

Defendant-appellant, Brian G. Clark (Clark), was convicted by the Monroe Superior Court, Division IV, sitting without a jury, of the offense of operating a motor vehicle while intoxicated, under IND. CODE 9-11-2-2. From a sentence of imprisonment, probation, and a fine, he appeals.

We affirm.

STATEMENT OF THE FACTS

All of the evidence in this case was presented in the testimony of Indiana State Police Officer Ron Pritchard. While on routine patrol Pritchard received a radio dispatch to the effect that an automobile was off the road on four-laned State Highway 37 at the intersection of College Avenue near Bloomington, Monroe County, Indiana, and that a person was walking south on the highway toward Bloomington. Upon proceeding to investigate, Pritchard found the person, later identified as Clark, stopped, and asked Clark through the car window where he was going. Clark, in Pritchard's words, responded that "he had just [our emphasis] run his car off the roadway and it was stuck and that he was walking into Bloomington." Record at 87. The officer invited Clark into the patrol car to go back to Clark's stuck car. Upon Clark entering the patrol car Pritchard smelled a strong odor of alcohol on Clark's breath and noted that his eyes were watery and bloodshot. Upon Pritchard's request, Clark produced for inspection and identification his operator's license.

Pritchard then drove to the stuck 1986 burgundy-colored two-door Oldsmobile, which was identified by the way of radio intelligence as belonging to Clark. Pritchard, by radio, called for a wrecker, and when it arrived Clark produced, from his pocket, keys for the automobile. While waiting on the wrecker, Pritchard administered to Clark, without his objection, dexterity tests, consisting of walking, turning, a heel-to-toe test, and a finger-to-nose test, all of which Clark failed. Thereupon, the officer informed Clark that he had probable cause to believe Clark had been operating a motor vehicle while under the influence of alcohol. He offered Clark an intoxilyzer test, which Clark took without objection. The test registered .16, more than the .10 presumptive limit under IND. CODE 9-11-1-7. Based on observations made of the stuck car and the mud, and the fact it had been raining, Pritchard was of the opinion that the car had not been stuck for very long.

ISSUES

Clark presents three issues for review, in which he contends:

I. Officer Pritchard did not have probable cause to stop and interrogate him and any evidence obtained as a result of the stop was inadmissible. Without such evidence there was insufficient evidence to support the conviction.

II. The State failed to prove the corpus delicti by independent, ...


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