State v. Baker

The opinion of the court was delivered by

Davis, J.:

The defendant, Scott Baker, was arrested and charged with driving under the influence of alcohol in violation of K.S.A. 1999 Supp. 8-1567(a)(2). The district magistrate judge suppressed his blood alcohol test because the officer failed to check the box on the Kansas Department of Revenue Form DC-27 certifying that the officer had probable cause to believe the defendant was driving a vehicle while under the influence of alcohol. The district court, on appeal, affirmed the suppression, and the case comes before this court on an appeal by the…