State v. Boyle

Royse, J.:

Michael H. Boyle appeals his conviction for driving under the influence in violation of K.S.A. 8-1567. He argues the traffic citation was fatally defective, because it did not allege facts constituting a crime, as required by K.S.A. 22-3201(2). The State responds that the controlling statute is K.S.A. 8-2106(b), not 22-3201(2). The relation between these statutes is a question of first impression.

On May 25,1993, Boyle received a traffic citation from Johnson County Sheriff’s Deputy Mark Rokusek. The citation was marked “DUI” and listed “Section Ño. K.S.A. 8-1567.” (See appendix.)…