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STATE v. BOYLE

No. 71,901

21 Kan. App. 2d 944 (1996)

STATE OF KANSAS, Appellee, v. MICHAEL H. BOYLE, Appellant.

Court of Appeals of Kansas.

Opinion filed February 2, 1996.

Attorney(s) appearing for the Case

Steven G. Sakoulas, of Bortnick, Komoroski, McKeon & Sakoulas, of Kansas City, Missouri, for appellant.

Stephen M. Howe, assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before ROYSE, P.J., PIERRON, J., and JAMES J. NOONE, District Judge Retired, assigned.

ROYSE, J.:

Michael H. Boyle appeals his conviction for driving under the influence in violation of K.S.A. 8-1567. He argues the traffic citation was fatally defective, because it did not allege facts constituting a crime, as required by K.S.A. 22-3201(2). The State responds that the controlling statute is K.S.A. 8-2106(b), not 22-3201(2). The relation between these statutes is a question of first impression.

On May 25, 1993, Boyle received a traffic citation...

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