State v. Lieurance

Abbott, C.J.:

This is a direct appeal by the defendant, Vernon L. Lieurance, from his conviction for driving under the influence, contrary to K.S.A. 1987 Supp. 8-1567(a)(l). Defendant’s breath test result was .234.

1. Verification by a Notary

Lieurance argues that the complaint, in this case, was not sufficient because it was not sworn to before a judge. The trial court held that State v. Fraker, 12 Kan. App. 2d 259, 739 P.2d 940 (1987), modified 242 Kan. 466, 748 P.2d 868 (1988), does not require the complaint to be sworn to before a judge and that a notary is sufficient.

The language of the…