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STATE v. MAY

No. 102,248.

269 P.3d 1260 (2012)

293 Kan. 858

STATE of Kansas, Appellant, v. Lindsay Taylor MAY, Appellee.

Supreme Court of Kansas.

February 10, 2012.

Attorney(s) appearing for the Case

Roy W. Mozingo II , assistant district attorney, argued the cause, and Steven J. Obermeier , assistant district attorney, Stephen M. Howe , district attorney, and Steve Six , attorney general, were with him on the brief for appellant.

Jay Norton , of Norton Hare, L.L.C., of Overland Park, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by JOHNSON, J.:

Kansas State Trooper Mellick arrested Lindsay May for driving under the influence. May agreed to submit to an Intoxilyzer breath test, but her initial efforts failed to provide an adequate breath sample, albeit the machine issued an alcohol concentration reading on the insufficient volume of breath. After the trooper informed her that the insufficient breath sample constituted a test refusal under Kansas law,...

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