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ATEN v. KANSAS DEPT. OF REVENUE

No. 85,208.

29 Kan. App.2d 30 (2001)

22 P.3d 1077

BRETT S. ATEN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed May 4, 2001.

Attorney(s) appearing for the Case

Daniel C. Walter, of Ryan, Walter & McClymont, Chtd., of Norton, for appellant/cross-appellee.

Brian Cox, of Kansas Department of Revenue, for appellee/cross-appellant.

Before RULON, C.J., KNUDSON, J., and WAHL, S.J.

RULON, C.J.:

Plaintiff Brett Aten appeals the district court's affirmance of the administrative suspension of his driver's license for 1 year after finding that plaintiff had operated a motor vehicle under the influence of alcohol. We affirm.

The material facts are as follows:

In September of 1999, Kansas Highway Patrol Trooper Rob Istas noticed a vehicle cross over the center line of the highway and swerve back into the proper lane. After stopping...

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