(DOWNLOAD) "State v. Faidley" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Faidley
- Author : Supreme Court of Kansas
- Release Date : January 25, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by The defendant, Harold H. Faidley, was tried by a jury and
convicted of the offense of driving a motor vehicle while under
the influence of intoxicating liquor, in violation of K.S.A.
8-530. He has appealed, and asserts the following assignment of
error:
"The court erred in permitting the arresting
highway patrol officer to testify to his observation
of the defendant's performance of the heel-to-toe
balance test which the officer ordered the defendant
to perform prior to advising him of his
constitutional rights under the Fifth and Sixth
Amendments to the Constitution of the United States." The facts are not in dispute and are summarized: At about 10:50
p.m., on April 1, 1967, Lee Schuler, an officer of the Kansas
Highway Patrol, was driving south on U.S. 81 Highway, north of
Wichita. U.S. 81 is a four-lane highway with two lanes for
southbound traffic and two lanes for northbound traffic. Schuler
observed a 1966 Chevrolet pickup truck traveling south on the
highway at about 35 miles per hour. As he was overtaking the
pickup, he observed it weaving two or three feet into the left
lane next to the median. This occurred three or four times. At
one point it weaved to the right and went off the roadway and
onto the shoulder approximately two feet. Shortly thereafter,
Schuler stopped the pickup with his red light.
 "State v. Faidley" by Supreme Court of Kansas * eBook PDF Kindle ePub Free){kind=link}