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STATE v. HUNINGHAKE

No. 57,577

238 Kan. 155 (1985)

708 P.2d 529

STATE OF KANSAS, Appellant, v. ROBERT HUNINGHAKE, Appellee.

Supreme Court of Kansas.

Opinion filed October 25, 1985.

Attorney(s) appearing for the Case

Michael K. Schmitt, special prosecutor, of Hiawatha, argued the cause, and Robert T. Stephan, attorney general, was with him on the briefs for appellant.

John C. Humpage, of Humpage, Berger and Hoffman, of Topeka, argued the cause and was on the brief for appellee.

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...

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