Garber v. State ex rel. Commissioner of the Bureau of Motor Vehicles

Indiana Court of Appeals

Garber v. State ex rel. Commissioner of the Bureau of Motor Vehicles

323 N.E.2d 255, 163 Ind. App. 314, 1975 Ind. App. LEXIS 1035

CourtIndiana Court of Appeals

DecidedFebruary 27, 1975

DocketNo. 3-1173A147

StatusPublished

This text of 323 N.E.2d 255 (Garber v. State ex rel. Commissioner of the Bureau of Motor Vehicles) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garber v. State ex rel. Commissioner of the Bureau of Motor Vehicles, 323 N.E.2d 255, 163 Ind. App. 314, 1975 Ind. App. LEXIS 1035 (Ind. Ct. App. 1975).

Pincite

Opinion

Hoffman, J.

This is an appeal by defendant-appellant Charles E. Garber from a judgment of the trial court ordering the suspension of his driver’s license.

On May 24, 1973, an affidavit was filed against appellant wherein it was alleged that he is an habitual traffic offender. Attached to the affidavit is a certified copy of appellant’s driving record. Following a hearing on June 15, 1973, the trial court found appellant to be an habitual traffic offender and ordered that his driving privileges be suspended for a period of ten years. Thereafter, appellant’s motion to correct errors was overruled and the present appeal was perfected.

The only issue which will be considered is whether the finding of the trial court that appellant is an habitual traffic offender is supported by sufficient evidence.

The record herein discloses that the only evidence presented at the hearing of June 15, 1973, was the affidavit initiating this proceeding and a copy of Garber’s driving record certified by the Commissioner of the Bureau of Motor Vehicles. Such driving record indicates numerous convictions arising from motor vehicle violations, the most recent conviction occurring on October 30, 1972. The record, however, does not indicate on what date the offenses resulting in these convictions were committed. No abstracts of the convictions were offered.

Such evidence has heretofore been found insufficient to meet the statutory requirement that one of the offenses has been committed after September 1, 1972, the effective date of the Act.¹ Craigo v. State ex rel. Commissioner of Bureau of Motor Vehicles (1975), 163 Ind. App. —, 322 N.E.2d 400.

[316]*316The judgment of the trial court herein entered is, therefore, reversed.

Reversed.

Staton, P.J., and Garrard, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hoffman, J.

This is an appeal by defendant-appellant Charles E. Garber from a judgment of the trial court ordering the suspension of his driver’s license.

On May 24, 1973, an affidavit was filed against appellant wherein it was alleged that he is an habitual traffic offender. Attached to the affidavit is a certified copy of appellant’s driving record. Following a hearing on June 15, 1973, the trial court found appellant to be an habitual traffic offender and ordered that his driving privileges be suspended for a period of ten years. Thereafter, appellant’s motion to correct errors was overruled and the present appeal was perfected.

The only issue which will be considered is whether the finding of the trial court that appellant is an habitual traffic offender is supported by sufficient evidence.

The record herein discloses that the only evidence presented at the hearing of June 15, 1973, was the affidavit initiating this proceeding and a copy of Garber’s driving record certified by the Commissioner of the Bureau of Motor Vehicles. Such driving record indicates numerous convictions arising from motor vehicle violations, the most recent conviction occurring on October 30, 1972. The record, however, does not indicate on what date the offenses resulting in these convictions were committed. No abstracts of the convictions were offered.

Such evidence has heretofore been found insufficient to meet the statutory requirement that one of the offenses has been committed after September 1, 1972, the effective date of the Act.¹ Craigo v. State ex rel. Commissioner of Bureau of Motor Vehicles (1975), 163 Ind. App. —, 322 N.E.2d 400.

[316]*316The judgment of the trial court herein entered is, therefore, reversed.

Reversed.

Staton, P.J., and Garrard, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

323 N.E.2d 255, 163 Ind. App. 314, 1975 Ind. App. LEXIS 1035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garber-v-state-ex-rel-commissioner-of-the-bureau-of-motor-vehicles-indctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack