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State v. Baker

571 P.2d 65 (1977)

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State v. Baker

Kansas Court of Appeal

571 P.2d 65 (1977)

Facts

Baker (defendant) was driving his vehicle at a speed of 77 miles per hour in a 55 mile an hour zone. Prior to his trial, the state moved to suppress evidence that Baker’s cruise control stuck in the “accelerate” position, causing his vehicle to accelerate beyond the posted speed limit before he was able to deactivate it. The trial court sustained the state’s motion and Baker was found guilty of driving in excess of the posted speed limit and also that he was the “driver” of his vehicle as defined by Kansas law. Baker appealed, arguing that he should have been allowed to present evidence of the cruise control as a defense that he was not “voluntarily” driving the vehicle.

Rule of Law

Issue

Holding and Reasoning (Spencer, J.)

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