Kansas Supreme Court reverses decision in 2008 Douglas County DUI case

The Kansas Supreme Court on Friday reversed a Douglas County judge’s decision in a DUI case.

The dispute was over the July 2008 arrest of Sean Ernesti, who failed a breath alcohol test after being stopped by Lawrence police.

He was charged with driving under the influence, but District Judge Paula Martin suppressed the results of the breath test because the certification for the testing equipment had not been done for new regulations that took effect in March 2008.

But writing for the majority of the state Supreme Court, Justice Marla Luckert said the previous certification of the equipment and testing was still valid.

The decision was reversed and sent back to district court.