STATE v. LEROY

No. 64,964

15 Kan. App. 2d 68 (1990)

803 P.2d 577

STATE OF KANSAS, Appellant, v. DANIEL R. LEROY, Appellee.

Court of Appeals of Kansas.

Opinion filed December 21, 1990.


Attorney(s) appearing for the Case

Paul J. Hickman, assistant county attorney, Ronald L. Hodgson, assistant county attorney, and Robert T. Stephan, attorney general, for the appellant.

Michael S. Holland, of Russell, for the appellee.

Before BRISCOE, C.J., RULON, J., and PAUL E. MILLER, District Judge, assigned.


MILLER, J.:

This is an interlocutory appeal by the State from the trial court's suppression of evidence regarding defendant Daniel Leroy's refusal to submit to a breathalyzer test after his arrest for driving while under the influence of alcohol.

On October 28, 1989, defendant was stopped on Highway 56 in Barton County. The arresting officer, Sergeant Causey, had observed defendant's car cross the center line several times. Upon asking defendant for his driver...

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