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CALL v. KANSAS DEPT. OF REVENUE

No. 67,436

17 Kan. App. 2d 79 (1992)

831 P.2d 970

JOANN M. CALL, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed May 15, 1992.

Attorney(s) appearing for the Case

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

Charles Gentry, of Short, Gentry & Bishop, of Fort Scott, for appellee.

Before PIERRON, P.J., GERNON, J., and DONALD L. WHITE, District Judge Retired, assigned.

Petition for review denied 251 Kan. 937 (1992).

GERNON, J.:

The Kansas Department of Revenue (Department) appeals a district court decision that Joann M. Call had failed a breath test, which decision reversed an administrative order finding she had refused the same breath test.

Call was stopped for speeding. The arresting officer detected the odor of alcohol and asked Call to submit to a preliminary...

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