City of Overland Park v. Cunningham

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the City of Overland Park. The issue is whether the trial judge erred by refusing to admit into evidence the breath alcohol concentration (BAC) test results in two separate DUI trials.

In separate cases, Mitchell Cunningham and Gary Dahn were convicted in the Overland Park municipal court of operating a motor vehicle while under the influence of alcohol and of speeding. Cunningham and Dahn appealed their convictions to the district court. The cases were tried de novo to the bench and, in both cases, different pro tern…