IN RE APPEAL OF BALL

No. 58,1751

11 Kan. App. 2d 216 (1986)

719 P.2d 750

In the Matter of the Appeal of RONALD C. BALL from the order of the Kansas Department of Revenue.

Court of Appeals of Kansas.

Opinion filed March 27, 1986.


Attorney(s) appearing for the Case

Michael V. Foust, of Foust & Vignery, of Goodland, for the appellant.

Ann Smith and Kris E. McKinney, legal services, and William L. Edds, general counsel, Department of Revenue, for the appellee.

Before BRISCOE, P.J., RALPH M. KING, JR., District Judge, assigned, and DAVID S. KNUDSON, District Judge, assigned.


BRISCOE, J.:

Ronald C. Ball was arrested for driving while under the influence of alcohol. He refused to submit to a breath test. The Kansas Department of Revenue determined Ball's refusal was unreasonable and suspended his driver's license pursuant to K.S.A. 8-1001(c). Ball appeals the district court's affirmance of the suspension.

After his arrest, Ball was taken to the Sherman County Sheriff's office by a highway patrol trooper. When the breathalyzer machine...

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