STATE v. KOGLER

No. 97,586.

163 P.3d 330 (2007)

STATE of Kansas, Appellant, v. Bruce M. KOGLER, Appellee.

Court of Appeals of Kansas.

July 20, 2007.


Attorney(s) appearing for the Case

Jeffrey Ebel, assistant county attorney, Ellen Mitchell, county attorney, and Phill Kline, attorney general, for appellant.

James L. Sweet, of Sweet & Sheahon, of Salina, for appellee.

Before MALONE, P.J., GREEN and MARQUARDT, JJ.


GREEN, J.

Bruce M. Kogler was charged with driving under the influence (DUI). He moved to suppress evidence of a breath test because the arresting officer had failed to properly advise him of the implied consent advisory. The trial court granted the motion. On appeal, the State argues that the trial court improperly suppressed the evidence of the breath test because the implied consent advisory given was only a technical irregularity with the notice provisions under...

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