State v. Garner

Rees, J.:

Defendant stands charged with driving while under the influence of intoxicating liquor (K.S.A. 1978 Supp. 8-1567), transporting an open container of liquor (K.S.A. 41-804), and having no valid driver’s license (K.S.A. 1978 Supp. 8-235 and K.S.A. 8-268). The State appeals from the trial court suppression of the result of a breath test administered after defendant’s arrest.

The Kansas statute relevant to our decision is K.S.A. 1978 Supp. 8-1001 which reads in pertinent part as follows;

“(a) Any person who operates a motor vehicle upon a public highway in this state shall be deemed to…