STATE v. JOHNSON Leagle.com
STATE v. JOHNSON
STATE OF KANSAS, Appellee,
v.
ANDREW JOHNSON, Appellant.
No. 100,864.
Court of Appeals of Kansas.
Opinion filed May 28, 2010.
Carl F.A. Maughan, of Maughan & Maughan LC, of Wichita, for appellee.
Lesley A. Isherwood, assistant district attorney, Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, for appellant.
Before HILL, P.J., PIERRON, J., and BUKATY, S.J.
PIERRON, J.:
Andrew Johnson appeals his conviction for misdemeanor driving under the influence of alcohol (DUI). Johnson had a blood-alcohol concentration exceeding the legal limit after being stopped at a sobriety check point in Wichita. Johnson challenges the district court's failure to dismiss the proceedings based on the destruction of the arresting officer's field notes and failure to preserve a breath sample stored in the Intoxilyzer 5000. He also argues the trial court erroneously denied his motion to suppress based on insufficient probable cause to request a breath test, the State's failure to lay sufficient foundation of calibrating the Intoxilyzer 5000, and his right of confrontation, which was violated by the admission of the certification of the Intoxilyzer 5000 by the sheriff's department and the individual deputy. We affirm.
