State v. Herrman

Hill, J.:

In this case we are asked to determine whether a deficient breath sample can be admitted as “other competent evidence” in a prosecution under subsection (a)(1) of our DUI statute (K.S.A. 8-1567). An examination of the legislative history of the statute and the application of the legal maxim expressio unius est exclusio alterius (the inclusion of one thing implies the exclusion of another) leads us to conclude that such evidence is not admissible. Accordingly, we vacate Herrman’s conviction for DUI.

The parties have tailored this case for appeal. Both sides agreed to the facts, and…