State v. Fraker

The opinion of the court was delivered by

Miller, J.:

The defendant, Dennis K. Fraker, was convicted by jury trial in Osage County District Court of driving under the influence of alcohol or drugs, K.S.A. 1986 Supp. 8-1567(a). He appealed, challenging the use of the written and unsworn traffic citation and notice to appear, issued by the arresting Kansas Highway Patrol trooper, as the complaint. The Court of Appeals held that a prosecution for driving under the influence of alcohol (DUI) can be commenced only by the filing of a verified complaint or information; it vacated defendant’s…