CITY OF WICHITA v. MOLITOR

No. 104,940.

268 P.3d 498 (2012)

CITY OF WICHITA, Appellee, v. William J. MOLITOR, Appellant.

Court of Appeals of Kansas.

January 13, 2012.


Attorney(s) appearing for the Case

E. Jay Greeno and Kristen B. Patty , of Wichita, for appellant.

Michael J. Hoelscher , assistant city attorney, and Gary E. Rebenstorf , city attorney, for appellee.

Before BRUNS, P.J., LEBEN and STANDRIDGE, JJ.


BRUNS, J.

William J. Molitor appeals his misdemeanor conviction for driving under the influence (DUI). On appeal, he contends that the district court erred by denying his motion to suppress a preliminary breath test (PBT) and an Intoxilyzer breath test. Specifically, Molitor argues that it was error for the district court to consider evidence of a horizontal gaze nystagmus (HGN) test in determining whether a police officer had reasonable suspicion to request that...

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