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BUCHANAN v. KANSAS DEPT. OF REVENUE

No. 63,549

14 Kan. App. 2d 169 (1989)

788 P.2d 285

MICHAEL BUCHANAN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed December 29, 1989.

Attorney(s) appearing for the Case

Brian Cox, of Kansas Department of Revenue, for appellant.

No appearance for appellee.

Before REES, P.J., BRISCOE and LARSON, JJ.

LARSON, J.:

The Kansas Department of Revenue appeals the order of the Johnson County District Court reversing the suspension of Michael Buchanan's driver's license.

Michael Buchanan was arrested and taken into custody for driving under the influence on February 7, 1987. The arresting officer read Buchanan the Miranda warning and, on videotape, went through the implied consent advisory procedure form. Buchanan refused to take the breath test.

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