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STATE v. BAKER

No. 83,019.

269 Kan. 383 (2000)

2 P.3d 786

STATE OF KANSAS, Appellant, v. SCOTT BAKER, Appellee.

Supreme Court of Kansas.

Opinion filed June 2, 2000.

Attorney(s) appearing for the Case

Thomas R. Stanton, assistant county attorney, argued the cause, and Julie A. McKenna, county attorney, and Carla Stovall, attorney general, were with him on the brief for appellant.

Wm. Rex Lorson, of Salina, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The defendant, Scott Baker, was arrested and charged with driving under the influence of alcohol in violation of K.S.A. 1999 Supp. 8-1567(a)(2). The district magistrate judge suppressed his blood alcohol test because the officer failed to check the box on the Kansas Department of Revenue Form DC-27 certifying that the officer had probable cause to believe the defendant was driving a vehicle while under the...

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