City of Colby v. Foster

No. 121,373 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CITY OF COLBY, Appellee, v. SCOT FOSTER, Appellant. SYLLABUS BY THE COURT 1. Typically, the law in effect at the time of the criminal act controls. 2. In order for breath tests obtained prior to July 1, 2018, to be admitted into evidence in a criminal trial, the person arrested was required to be notified of their statutory rights under K.S.A. 2017 Supp. 8-1001. Failure to do so requires the court to suppress the breath test results. 3. Breath tests may be administered as a search incident to lawful arrest for drunk driving. After…