State v. Kelly

Briscoe, J.:

Defendant Gregory Kelly appeals his jury conviction of driving under the influence of alcohol, in violation of K.S.A. 1987 Supp. 8-1567. Although 8-1567 was amended in both 1988 and 1989, those amendments, while significant, are not germane to the issue in this case.

The sole issue presented is whether defendant was denied his statutory right to consult with counsel as provided in K.S.A. 1987 Supp. 8-1001(f)(l)(E), and, if he was denied counsel in violation of this statute, whether the proper remedy is suppression of the State’s breath test or dismissal of the charge. Upon review…