State v. Rose

Wahl, J.:

Gary L. Rose appeals his conviction of driving while under the influence of alcohol. On appeal, Rose argues that the district court erred in admitting the results of his breath alcohol test because the State failed to appeal an order of the district magistrate judge suppressing the results of the test.

On January 1, 2000, a Kansas Highway Patrol trooper observed a vehicle crossing the highway center line in a zig-zag course. The trooper stopped the vehicle and contacted the driver, Gary L. Rose. The trooper detected an odor of alcohol emanating from Rose’s vehicle. The trooper also…