State v. Dukes

The opinion of the court was delivered by

Nuss, J.:

Scott Dukes appeals the Court of Appeals’ affirmation of his convictions of driving while under the influence of alcohol and driving with a suspended license. Dukes argues that the district court violated his Sixth Amendment Confrontation Clause rights when it admitted into evidence breathalyzer certification documents and a certified driving record without requiring the preparers of the evidence to testify.

In State v. Dukes, 38 Kan. App. 2d 958, 961-62, 174 P.3d 914 (2008), the Court of Appeals held that Dukes’ confrontation rights were not…