Gary Burdine v. State Indiana

Appellant-defendant James R. Keyes (Keyes) appeals his conviction for operating a motor vehicle with a blood alcohol content greater than .10 percent,[Footnote 1] claiming the presumption created by IC 9-11-4-15(b) (1988) is unconstitutional because it relieves the State from proving blood alcohol content at the time of the offense (and shifts the burden of proof to the defendant) and that the evidence was insufficient.