City of Dodge City v. Norton

The opinion of the court was delivered by:

Six, J.:

Plaintiff City of Dodge City (City) appeals the district court’s dismissal of the complaint charging defendant Norman Norton with driving under the influence of alcohol (DUI), in violation of K.S.A. 1994 Supp. 8-1567, for lack of probable cause to arrest. Our jurisdiction is under K.S.A. 22-3602(b)(l) (appeal by the prosecution as a matter of right from an order dismissing a complaint).

The issue is whether there was sufficient evidence to establish probable cause to arrest Norton for DUI. Was the dismissal of the complaint error? We hold that…