State v. Mertz

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State from the trial court’s dismissal of criminal charges (driving while únder the influence of alcohol in violation of K.S.A. 1994 Supp. 8-1567[a][2]) on the ground of double jeopardy because the defendant, John D. Mertz, had already had his driver’s license suspended and restricted for failing a breath test.

Mertz was arrested on September 1, 1994, in Ellis County, on suspicion of driving while under the influence of alcohol. The defendant submitted to a breath test which showed the alcohol concentration in his…