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STATE v. GRAY

No. 83,430.

270 Kan. 793 (2001)

18 P.3d 962

STATE OF KANSAS, Appellant/Cross-appellee, v. JAMES W. GRAY, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed March 9, 2001.

Attorney(s) appearing for the Case

Douglas A. Matthews, assistant county attorney, argued the cause, and Rick J. Scheufler, county attorney, and Carla J. Stovall, attorney general, were with him on the briefs for appellant/cross-appellee.

Michael S. Holland, of Holland and Holland, of Russell, argued the cause and was on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

LARSON, J.:

The State of Kansas appeals from the trial court's dismissal of charges against James W. Gray for driving under the influence of alcohol (DUI), K.S.A. 1999 Supp. 8-1567, and refusing to take a preliminary screening test (PBT) for alcohol concentration, K.S.A. 1999 Supp. 8-1012. Gray moved to suppress the evidence of his breathalyzer refusal and for dismissal of...

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