State v. Fraker

Davis, J.:

The defendant, Dennis K. Fraker, appeals a jury conviction for driving under the influence of alcohol, K.S.A. 1985 Supp. 8-1567(a)(2).

On January 4, 1986, a Kansas Highway Patrol trooper arrested defendant for driving under the influence of alcohol or drugs, K.S.A. 1985 Supp. 8-1567(a). The trooper issued a “Uniform Notice to Appear and Complaint” (citation). The citation was filed with the clerk of the district court on January 6, 1986, and the prosecution commenced based upon it. The State did not file a complaint or information.

At trial before the district magistrate judge,…