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RUTSCHMAN v. KANSAS DEPT. OF REVENUE

No. 75,355.

23 Kan. App.2d 311 (1996)

929 P.2d 801

ROGER C. RUTSCHMAN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed December 27, 1996.

Attorney(s) appearing for the Case

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

James S. Oswalt, of Hutchinson, for appellee.

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

GERNON, J.:

In this appeal by the Kansas Department of Revenue (Department), the Department contends the district court misconstrued K.S.A. 40-3118(d) in ruling that Roger Rutschman was not required to have his insurer file proof of insurance with the Division of Vehicles (Division) after he entered into a diversion agreement.

On November 30, 1994, Rutschman entered into a diversion agreement in lieu of a DUI prosecution. His driving privileges were not suspended...

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