State v. Almond

Rees, J.:

This is a direct appeal by the defendant Dwight L. Almond from his conviction of operating a motor vehicle while under the influence of alcohol (K.S.A. 1990 Supp. 8-1567).

We are called upon to decide whether the trial court erred in denying Almond’s motion to suppress (1) his statement that he had been drinking the night of the accident and (2) the result of his breathalyzer test. We find no reversible error and affirm.

Almond was involved in a one-car accident. Officer Royer arrived to investigate the accident. While they were both sitting in Royer’s police car, Royer took from…