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STATE v. SEEMS

No. 89,114

31 Kan.App. 2d 794 (2003)

74 P.3d 55

STATE OF KANSAS, Appellant, v. MONTY D. SEEMS, Appellee.

Court of Appeals of Kansas

Opinion filed August 8, 2003.

Attorney(s) appearing for the Case

David J. Basgall, assistant county attorney, and Phill Kline, attorney general, for the appellant.

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

Before MARQUARDT, P.J., PIERRON and JOHNSON, JJ.

PIERRON, J.:

The State appeals the district court's dismissal of a driving under influence of alcohol (DUI) case against Monty D. Seems. We affirm.

On March 16, 2002, Officer Timothy Greenwood stopped Seems for an improper left turn. According to Greenwood, Seems had watery eyes, slurred speech, and a strong odor of alcoholic beverages. Seems' performance on the sobriety tests showed impairment, and he refused to take a preliminary breath test. Greenwood arrested...

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