State v. Garner

The opinion of the court was delivered by

Herd, J.:

This is an interlocutory appeal by the State of Kansas pursuant to K.S.A. 22-3603. Defendant, Joe F. Garner, is charged with driving while under the influence of intoxicating liquor (K.S.A. 1979 Supp. 8-1567); transporting an open container of intoxicating liquor (K.S.A. 41-804); and not having a valid driver’s license on his person (K.S.A. 8-244). The State appealed the order of the trial court suppressing the results of a breath test to determine the defendant’s blood alcohol level. The Court of Appeals reversed the trial court and found the…