Statement Regarding State of Kansas v. Kevin W Yoder; 2009 TR 744

10/25/2010
CONTACT INFO: Cheryl L. Wright Public Information Officer Douglas County District Attorney's Office cwright@douglas-county.com Mr. Kevin Yoder was cited by the Kansas Highway Patrol on February 8, 2009 at 2:31 a.m. for speeding and refusal of a preliminary breath test. Mr. Yoder was issued a citation to appear in Douglas County District Court on the traffic docket for March 25. Mr. Yoder's attorney, Mr. Scott Gyllenborg, filed a motion for continuance due to a court conflict and the matter was re-scheduled to April 3. Mr. Gyllenborg appeared at that time and requested a continuance to apply for a diversion. Mr. Yoder ultimately did not apply for diversion but entered into a plea agreement with the District Attorney's office. Mr. Gyllenborg, on Mr. Yoder's behalf, entered a plea of guilty to refusal of a preliminary breath test on June 4. The Court ordered a $90 fine plus court costs. "We view the refusal of a preliminary breath test as an obstruction of a driving under the influence investigation and therefore we require a plea to that charge," advised Chief Assistant District Attorney Amy McGowan. "The speeding infraction was dismissed as part of the plea agreement." -30-

Media Contact:
Cheryl L. Wright
District Attorney's Office
785-841-0211
cwright@douglas-county.com