Kevin W. Young v. Director Revenue - Duane

The circuit court on trial de novo found that the initial arrest of the petitioner Young was upon probable cause and that chemical analysis disclosed that the alcohol content of his blood was then .13 percent or more by weight, and ordered that the suspension or revocation of his driver's license was required by §§ 302.500 to 302.540. Young appeals from that order. Young was stopped for speeding and failing to signal for lane changes and a right hand turn. Officer Kelly of the Kansas City Police Department detected a strong odor of alcohol on his breath. Young admitted the consumption of four sixteen-ounce cans of beer as well as a half a gram of marihuana. The officer formed the opinion that Young was intoxicated, and Young agreed to submit to the breath test. Officer Kelly administered the test on an Intoximeter 3000. He held a Type III permit for such purposes. Officer Kelly followed a checklist in that operation and observed each procedure in the sequence listed, and then certified that there was no deviation from the rules of the department of health relating to the determination of blood alcohol by breath analysis. He certified also that the machine functioned properly during the test procedures and that he was authorized to operate the breathalyzer instrument.