Officer's Certification In An Alcohol or Drug Test Failure In Kansas
K.S.A. 1998 Supp. 8-1002(a)(2) and (3) state the information that must be included in the law enforcement officer's certification when there is an alcohol or drug test failure. We have already noted the omissions from the original certification. In all other respects, the certification conformed with the statute.
K.S.A. 1998 Supp. 8-1002(b) provides:
"Certification shall be complete upon signing, and no additional acts of oath, affirmation, acknowledgment or proof of execution shall be required. the signed certification or a copy or photostatic reproduction thereof shall be admissible in evidence in all proceedings brought pursuant to this act, and receipt of any such certification, copy or reproduction shall accord the department authority to proceed as set forth herein."
Our interpretation is reinforced by K.S.A. 1998 Supp. 8-1002(f), which states:
"Upon receipt of the law enforcement officer's certification, the division shall review the certification to determine that it meets the requirements of subsection (a). Upon so determining, the division shall proceed to suspend the person's driving privileges in accordance with the notice of suspension previously served. If the requirements of subsection (a) are not met, the division shall dismiss the administrative proceeding and return any license surrendered by the person."