City of Wichita v. Molitor

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 104,940 CITY OF WICHITA, Appellee, v. WILLIAM J. MOLITOR, Appellant. SYLLABUS BY THE COURT 1. Pursuant to K.S.A. 2010 Supp. 8-1012(b), an investigating officer must possess reasonable suspicion that a driver has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs before requesting that the driver submit to a preliminary breath test. 2. The horizontal gaze nystagmus (HGN) test is based on scientific principles and before the results from an HGN test may be considered by a…