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STATE v. JOHNSON

No. 100,864.

301 P.3d 287 (2013)

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

Supreme Court of Kansas.

May 3, 2013.

Attorney(s) appearing for the Case

Carl F.A. Maughan , of Maughan & Maughan LC, of Wichita, argued the cause and was on the briefs for appellant.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were on the brief for appellee.

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

Andrew Johnson seeks review of the Court of Appeals decision that affirmed Johnson's jury trial conviction for misdemeanor driving under the influence (DUI) with a blood-alcohol concentration of .08 or higher. The DUI charge resulted from a sobriety checkpoint at which Johnson failed field sobriety tests and the ensuing Intoxilyzer 5000 breath test. Johnson first complains that his case should have been dismissed...

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