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STATE v. MESSER

No. 108,184.

307 P.3d 255 (2013)

STATE of Kansas, Appellee, v. Phillip M. MESSER, Appellant.

Court of Appeals of Kansas.

August 23, 2013.

Attorney(s) appearing for the Case

Edward C. Gillette , Michael S. Mogenson , and Grant M. Reichert , of Gillette Law Firm, P.A., of Mission, for appellant.

Shawn E. Minihan , assistant district attorney, Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, for appellee.

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

LEBEN, J.

Phillip Messer failed field-sobriety tests after a traffic stop and then failed an evidentiary breath test at the police station. At that point, having been told that he had the right to secure additional alcohol-concentration testing, Messer asked the officer for an independent blood test. Rather than taking Messer to a hospital to get a blood test, the officer told Messer that he could get that test on his own after he was released. Messer was able to...

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