State v. Muck

The opinion of the court was delivered by

Six, J.:

This case addresses the foundational requirements for the admission of the result of a breath alcohol test and the interplay between the granting of defendant’s motion for a mistrial and double jeopardy. The State appeals the granting of a mistrial and dismissal with prejudice of the DUI charge against defendant Elmer J. Muck. The State failed to produce the arresting officer’s 1995 certification card for using the Intoxilyzer 5000 breath test instrument. Our jurisdiction is under K.S.A. 22-3602(b)(l) (appeal from an order dismissing a…