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LINENBERGER v. KANSAS DEPT. OF REVENUE

No. 84,577.

28 Kan. App.2d 794 (2001)

20 P.3d 1290

CHRISTOPHER J. LINENBERGER, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed April 6, 2001.

Attorney(s) appearing for the Case

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

Michael S. Holland and Michael S. Holland II, of Holland and Holland, of Russell, for the appellee.

Before MARQUARDT, P.J., GREEN, J., and BUCHELE, S.J.

BUCHELE, J.:

On August 30, 1997, Christopher Linenberger was stopped while driving by Officer Nixon after the officer had reasonable grounds to believe Linenberger was driving under the influence of drugs or alcohol. Linenberger failed several sobriety tests and refused to take a breath test. That same day Officer Nixon completed a certification and notice of driver's license suspension form and personally served it on Linenberger. A copy of the form was not received...

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