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STATE v. DERUSSEAU

No. 78,544.

25 Kan. App.2d 544 (1998)

966 P.2d 694

STATE OF KANSAS, Appellee, v. KENNETH E. DERUSSEAU, Appellant.

Court of Appeals of Kansas.

Opinion filed October 9, 1998.

Attorney(s) appearing for the Case

James D. Wenger, Ryan, Condray and Ryan, L.L.C., of Clay Center, for the appellant.

Kim W. Cudney, county attorney, and Carla J. Stovall, attorney general, for the appellee.

Before PIERRON, P.J., GERNON, J., and PADDOCK, S.J., assigned.

PIERRON, J.:

Derusseau was charged with driving under the influence (DUI) of alcohol or drugs in violation of K.S.A. 1997 Supp. 8-1567, and fleeing or attempting to elude a police officer in violation of K.S.A. 1997 Supp. 8-1568 (eluding). A trial was held before the district magistrate judge and Derusseau was found guilty of DUI and not guilty of eluding. Derusseau appealed the DUI conviction to the district court.

The district court found under applicable...

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