State v. Dewey

Wahl, J.:

The State brings this interlocutory appeal from the district court’s order suppressing evidence from a blood alcohol test based on collateral estoppel.

Tom Dewey was arrested on suspicion of driving under the influence on May 28, 1995. He consented to a blood alcohol test. The Kansas Department of Revenue (KDR) held an administrative hearing on August 18,1995, to determine whether Dewey’s driver’s license should be suspended for test failure. The hearing officer dismissed the case because “Atwood Lab did test [and] there is no proof that they are certified to do so.”

Before criminal…