State v. Huninghake

The opinion of the court was delivered by

Lockett, J.:

By interlocutory appeal (K.S.A. 22-3603) the State challenges a ruling by the district court suppressing the admission into evidence of the results of a breath test. The district court determined that neither the officer who had collected the breath sample nor the breath collection device were certified pursuant to K.A.R. 28-32-1.

On September 8, 1984, at approximately 12:05 a.m., Kansas Highway Patrolman Ronald D. Alvord observed the defendant’s automobile approaching at a high rate of speed. Alvord’s radar unit registered the speed of the…