STANDISH v. DEPARTMENT OF REVENUE

No. 56,147

235 Kan. 900 (1984)

683 P.2d 1276

SCOTT F. STANDISH, Appellee; v. DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Kansas.

Opinion filed July 13, 1984.


Attorney(s) appearing for the Case

Brian Cox, of the Department of Revenue, argued the cause, and William L. Edds, general counsel, was with him on the briefs for appellant.

Phillip Eugene Porter, of Keenan, Mauch & Keenan, P.A., of Great Bend, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the Department of Revenue from an order of the Barton District Court reversing an administrative order suspending the driver's license of Scott F. Standish. The Department raises but one issue on appeal: whether an initial refusal to submit to a lawfully requested chemical test of breath to determine the alcoholic content of the blood, K.S...

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