State v. Johnson
Annotate this CaseAfter a jury trial, Defendant was convicted 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 Defendant failed field sobriety tests and the ensuing Intoxilyzer 5000 breath test. The Supreme Court affirmed, holding (1) Defendant failed to establish any abuse of discretion in the trial court's refusal to dismiss the case because the arresting officer destroyed his field notes and failed to preserve the breath sample from the Intoxilyzer 5000 test; (2) the district court did not err in failing to suppress the results of Defendant's breath tests; and (3) the district court did not violate Defendant's constitutional right to confront witnesses by admitting KDHE certification evidence without the testimony of the person certifying those records.
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