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PODREBARAC v. KANSAS DEPT. OF REVENUE

No. 65,454

15 Kan. App. 2d 383 (1991)

807 P.2d 1327

DAMIEN PODREBARAC, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed March 22, 1991.

Attorney(s) appearing for the Case

James G. Keller, of Kansas Department of Revenue, for appellant.

Steven L. Davis, of Patton, Davis & Putnam, of Emporia, for appellee.

Before BRISCOE, C.J., BRAZIL and ELLIOTT, JJ.

BRAZIL, J.:

The Kansas Department of Revenue (KDR) appeals from the district court's order reinstating the driving privileges of Damian Podrebarac after an administrative suspension. The district court determined that the breath test KDR relied on to suspend Podrebarac's license was invalid because the breath sample was collected more than two hours after Podrebarac operated a vehicle. We reverse and remand with directions.

KDR contends the district court...

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