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STATE v. DUKES

No. 96,563.

174 P.3d 914 (2008)

STATE of Kansas, Appellee, v. Scott A. DUKES, Appellant.

Court of Appeals of Kansas.

January 18, 2008.

Attorney(s) appearing for the Case

Rick Kittel, of Kansas Appellate Defender Office, of Topeka, for appellant.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before MARQUARDT, P.J., LEBEN, J., and KNUDSON, S.J.

LEBEN, J.

Scott Dukes' conviction for driving under the influence of alcohol was based upon the result of his alcohol breath test, which exceeded the legal limit. Such tests are reliable only if the testing machine is accurate; thus, the State presented evidence at trial that the machine had recently been calibrated and certified. Dukes also was convicted of driving while his license was suspended, a conviction dependent upon proof of the suspension. Dukes contends...

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