City of Overland Park v. Travis

The opinion of the court was delivered by

Lockett, J.:

Defendant was charged by the City of Overland Park with driving: (1) when his breath alcohol concentration (BAC) was .10 or more; or (2) while he was under the influence of alcohol. The municipal court judge found defendant not guilty of driving when his BAC was .10 or more but guilty of driving while *150under the influence of alcohol. Defendant appealed his conviction for driving while under the influence of alcohol to the district court. See K.S.A. 1992 Supp. 22-3609. Prior to trial in the district court, the City requested to offer proof on…