Bryan Priest was convicted of a Class C infraction for operating a commercial motor vehicle with an ACE of between .04 and .08.  Priest sought to exclude his breath-test ticket from evidence.  The trial court denied the motion and Priest filed an interlocutory appeal: this court reversed.  At a subsequent bench trial, the trial court admitted the breath-test ticket and determined that Priest had committed the infraction.  In the present appeal, Priest points to an Indiana Supreme Court case asserting that breath-test tickets are hearsay, and a Court of Appeals of Indiana case holding that they are not.  As a secondary matter, Priest argues that the breath-test ticket was deficient pursuant to the Indiana Administrative Code.

The scheduled panelists are Judge Vaidik, Judge Tavitas, and Judge Foley.