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CITY OF WICHITA v. MOLITOR

No. 104,940.

341 P.3d 1275 (2015)

CITY OF WICHITA, Appellee, v. William J. MOLITOR, Appellant.

Supreme Court of Kansas.

January 30, 2015.

Attorney(s) appearing for the Case

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, argued the cause, and E. Jay Greeno and Kristen B. Patty, of Wichita, were with him on the briefs for appellant.

Sharon L. Dickgrafe, chief deputy city attorney, argued the cause, and Michael J. Hoelscher, assistant city attorney, and Gary E. Rebenstorf, city attorney, were on the brief for appellee.

A law enforcement officer participating in a saturation patrol near a Wichita bar stopped a vehicle driven by William J. Molitor and subsequently conducted a driving under the influence (DUI) investigation. After Molitor failed the horizontal gaze nystagmus (HGN) test but passed the walk-and...

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