State v. Young

The opinion of the court was delivered by

Fromme, J.:

The State filed an interlocutory appeal from an order suppressing evidence of the result of a gas chromatograph intoximeter test in an action filed against the defendant, Robert B. Young, for driving while under the influence of intoxicating liquor (DWI). This interlocutory appeal by the State is authorized by K.S.A. 1979 Supp. 22-3603. The district court on defendant’s motion to suppress, among other things, found:

“1. That there is no substantial cost to the State of Kansas by way of time or money to make a sample of breath available to the…