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RAMIREZ v. KANSAS DEPT. OF REVENUE

No. 62,242

13 Kan. App. 2d 332 (1989)

770 P.2d 490

GUILLERMO RAMIREZ, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed March 10, 1989.

Attorney(s) appearing for the Case

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

William T. Smith, of Mission, for appellee.

Before ABBOTT, C.J., BRAZIL and RULON, JJ.

Petition for review denied 244 Kan. 738.

BRAZIL, J.:

Kansas Department of Revenue (Department) appeals a Johnson County District Court decision holding that Guillermo Ramirez, after initially refusing a breath test to determine the presence of alcohol, should have been given every reasonable opportunity to take the test. This included the officer asking him a second time if he would like the opportunity to take the test. The Department also argues that the...

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