results of a breathalyzer test (Indiana) · Go Syfert
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results of a breathalyzer test in Indiana

6 Indiana opinions name it 1 courts 1984–1995 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Traxler v. Stategreen
indctapp · 1989 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990The conviction was reversed on appeal because "[sfhowing that the defendant merely started the engine of the vehicle is not sufficient evidence to sustain a conviction for operating a vehicle while intoxicated." 538 N.E.2d at 268.

11
State v. Salhusgreen
nd · 1974 · cited in 1 Indiana opinions naming this issue, 1984–1984
2 sentences

1984See State v. Salhus (1974) N.D., 220 N.W.2d 852 .

1984See State v. Salhus (1974) N.D., 220 N.W.2d 852 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
English v. State green
indctapp · 1992
1 sentence

1995For the results of a breathalyzer test to be admissible, three foundational elements must be demonstrated: (1) that the test was administered by an operator certified by the State Department of Toxicology; (2) that the equipment used in the test was inspected and approved by the State Department of Toxicology; and (8) that the operator used techniques approved by the State Department of Toxicology. 1.0. 9-80-6-5(d), English v. State (1992), Ind.App., 603 N.E.2d 161, 163 , reh. denied.

11995–1995
Oller v. State green
indctapp · 1984
1 sentence

1992IND.CODE 9-30-6-5(d)y; Oller v. State (1984), Ind.App., 469 N.E.2d 1227, 1230 .

11992–1992
Boothe v. State green
indctapp · 1982
1 sentence

1989Sell v. State (1986), Ind.App., 496 N.E.2d 799 ; Boothe v. State (1982), Ind.App., 439 N.E.2d 708 .

11989–1989
Sell v. State green
indctapp · 1986
1 sentence

1989Sell v. State (1986), Ind.App., 496 N.E.2d 799 ; Boothe v. State (1982), Ind.App., 439 N.E.2d 708 .

11989–1989
Higginbotham v. State green
indctapp · 1981
1 sentence

1984In Higginbotham v. State, (1981) Ind.App., 427 N.E.2d 896 , a prosecution for causing a death while driving while intoxicated, the arresting officer, after obtaining the results of a breathalyzer test, returned Higginbotham’s driver’s license and released him from custody.

11984–1984

Where else courts name it

OH 31 (1970–2024) IL 19 (1977–2025) MO 17 (1992–2019) NY 17 (1972–2019) NC 9 (1971–2014) NJ 7 (1990–2018) RI 6 (1980–1998) IN 6 (1984–1995) PA 6 (1975–2008) TX 5 (1973–1981) OK 5 (1973–2007) MA 4 (1995–2018) WV 4 (1989–2013) FL 4 (1972–1991) MN 4 (1984–1986) OR 4 (1977–1988) NH 4 (1975–2024) SC 3 (1998–2006) NM 3 (2012–2023) AK 2 (1978–2020) CA 2 (1972–1973) KS 2 (1980–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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