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STATE v. JOHNSON

No. 100,864.

233 P.3d 290 (2010)

STATE of Kansas, Appellee, v. Andrew JOHNSON, Appellant.

Court of Appeals of Kansas.

May 28, 2010.

Attorney(s) appearing for the Case

Carl F.A. Maughan, of Maughan & Maughan LC, of Wichita, for appellee.

Lesley A. Isherwood, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellant.

Before HILL, P.J., PIERRON, J., and BUKATY, S.J.

PIERRON, J.

Andrew Johnson appeals his conviction for misdemeanor driving under the influence of alcohol (DUI). Johnson had a blood-alcohol concentration exceeding the legal limit after being stopped at a sobriety check point in Wichita. Johnson challenges the district court's failure to dismiss the proceedings based on the destruction of the arresting officer's field notes and failure to preserve a breath sample stored in the Intoxilyzer 5000. He also argues the...

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