State v. Pollman

Buser, J.:

This case returns to our court upon remand from the Supreme Court. See State v. Pollman, 286 Kan. 881, 190 P.3d 234 (2008). After consideration of the remanded questions, we again reverse Leonard Pollmaris conviction of driving under the influence of alcohol (DUI) and vacate his sentence.

Factual and Procedural Background

Leonard Pollman was convicted of DUI in violation of K.S.A. 2005 Supp. 8-1567(a)(2). On appeal, Pollman contended the district court erred in overruling his motion to suppress evidence obtained by Officer Michael Walline because the officer did not have reasonable…