State v. Bradley

Pierron, J.:

This is an interlocutoiy appeal taken by the State pursuant to K.S.A. 22-3603 from an order granting Chella Lynn Bradley s motion to suppress her refusal to submit to a breath alcohol test in its prosecution against Bradley for driving under the influence (DUI). We affirm in part, reverse in part, and remand with directions.

In the early morning hours of December 28, 2007, Bradley’s SUV collided with a semitrailer truck on 1-70 during a snow storm. Ellsworth County Sheriff s Deputy Bill Chansler responded to investigate the accident. Upon contacting Bradley, who remained seated in…