State v. Thurman
Kansas Court of Appeals
138 P.3d 798 (Table), 2006 WL 2129225 (2006)
- Written by Rich Walter, JD
Facts
The State of Kansas (plaintiff) prosecuted Edward O. Thurman (defendant) for driving under the influence of alcohol (DUI). The judge convicted Thurman, citing trial evidence that Thurman made an illegal U-turn under dangerous conditions, which the judge said showed Thurman's judgment was impaired at the time. The judge also cited Thurman's inability to pass field sobriety tests, and the results of the breath test Thurman underwent after his arrest. The test showed that even two hours after his arrest, Thurman's blood alcohol concentration (BAC) was 0.078 per cent, just below the 0.8 per cent threshold for establishing legal intoxication. Thurman appealed his conviction to the Kansas Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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