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State v. Hartman11/16/1987
t is undisputed that, in the case sub judice, the appellant tested .094 hundredths of one gram of alcohol per two hundred and ten liters of breath when subjected to a breath test. Isother words, he missed a DUI conviction by the narrowest of margins.
I would hold that the trial court was justified in finding that operating a vehicle in excess of the speed limit while having consumed sufficient alcohol to register .094 on a breath test certainly related to reckless operation of the vehicle which warranted a suspension of driving privileges. I am unwilling to substitute my judgment for that of the trial judge under these circumstances.
I would affirm.
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