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ZURAWSKI v. KANSAS DEPT. OF REVENUE

No. 68,476

18 Kan. App. 2d 325 (1993)

851 P.2d 1385

TIMOTHY A. ZURAWSKI, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed May 14, 1993.

Attorney(s) appearing for the Case

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

William K. Rork, of Topeka, and Sean D. Ervin, of Lawrence, for the appellee.

Before BRISCOE, C.J., LEWIS and ROYSE, JJ.

Petition for review denied 253 Kan. 864 (1993).

BRISCOE, C.J.:

The Kansas Department of Revenue appeals the decision of the district court reversing the suspension of Timothy Zurawski's driver's license.

Zurawski was stopped for driving while under the influence. He tried several times to complete a breath test at the scene, but did not blow hard enough for an adequate test sample. After he was taken...

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