State v. Rubick

Retired: John J. Rubick (defendant-appellant) appeals his conviction on one count of driving while under the influence. K.S.A. 8-1567(a). At the trial, Darrell Pressnell, a Kansas Highway Patrol Trooper, testified that he observed a pickup truck weave back and forth on a county road and remain entirely in the oncoming lane of traffic. He stopped the vehicle. The driver was the defendant. The trooper noted a wide-eyed and fixed stare and detected a strong odor of an alcoholic beverage. The defendant’s speech seemed slurred, his reactions were slow, and he stumbled and staggered. The trooper…