CITY OF SALINA v. MARTIN

No. 68,206

18 Kan. App. 2d 284 (1993)

849 P.2d 1010

CITY OF SALINA, KANSAS, Appellant, v. TIMOTHY JOSEPH MARTIN, Appellee.

Court of Appeals of Kansas.

Opinion filed April 30, 1993.


Attorney(s) appearing for the Case

Gary D. Denning, of Salina, for appellant.

James L. Sweet, of Sweet & Boyer, of Salina, for appellee.

Before BRISCOE, C.J., GERNON, J., and THOMAS H. GRABER, District Judge, assigned.


GRABER, J.:

This is an interlocutory appeal by the City of Salina, Kansas, (City) from the decision of the trial court suppressing a blood alcohol test because the person drawing the blood was not authorized under K.S.A. 8-1001(c).

The City contends that a phlebotomist with the training and experience reflected in the record was a "qualified medical technician" who can draw blood for blood alcohol testing in a DUI prosecution under the guidelines set out in...

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