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DAVIS v. KANSAS DEPT. OF REVENUE

No. 67,793

252 Kan. 224 (1992)

843 P.2d 260

ANTHONY BYER DAVIS, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1992.

Attorney(s) appearing for the Case

James G. Keller, legal services bureau, Kansas Department of Revenue, argued the cause and was on the briefs for appellant.

John Ivan, of the Law Offices of John Ivan, of Shawnee Mission, argued the cause, and Jennifer L. Legg, of the same firm, was with him on the brief for appellee.

James W. Clark, executive director, was on the brief for amicus curiae Kansas County & District Attorneys Association.

The opinion of the court was delivered by

SIX, J.:

This driver's license suspension case concerns a sobriety checkpoint vehicle stop. The first impression single issue is whether a Kansas statute authorizing such a stop is a prerequisite to the stop's validity?

Anthony Byer Davis, who was stopped at a sobriety checkpoint, refused a breath test. His driving privileges were administratively suspended for one year under K.S.A. 8-1001, et seq. ...

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