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CITY OF OVERLAND PARK v. RHODES

No. 103,762.

257 P.3d 864 (2011)

46 Kan. App. 2d 57

CITY OF OVERLAND PARK, Appellee, v. Kelly K. RHODES, Appellant.

Court of Appeals of Kansas.

July 8, 2011.

Attorney(s) appearing for the Case

Jeremiah Johnson , of the Law Offices of Jeremiah Johnson, LLC, of Olathe, for appellant.

John J. Knoll , senior assistant city attorney, for appellant.

Before PIERRON, P.J., ATCHESON, J., and LARSON, S.J.

PIERRON, J.

Kelly K. Rhodes appeals her conviction of driving while intoxicated (DUI). She argues the police DUI checkpoint was unconstitutional and, as a result, her conviction should be reversed. She also argues the Intoxilyzer 8000 test results should have been suppressed because the officers failed to comply with the Kansas Department of Health and Environment (KDHE) regulations and the Intoxilyzer 8000 was not properly certified. We affirm.

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