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SCHOEN v. KANSAS DEPT. OF REVENUE

No. 89,380

31 Kan.App. 2d 820 (2003)

74 P.3d 588

DENTON JAMES SCHOEN, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas

Opinion filed August 15, 2003.

Attorney(s) appearing for the Case

Michael S. Holland II, and Michael S. Holland, of Holland and Holland, of Russell, for appellant.

Ted E. Smith, of Legal Services Bureau, Kansas Department of Revenue, for appellee.

Before ELLIOTT, P.J., MARQUARDT and MALONE, JJ.

MALONE, J.:

Denton James Schoen appeals the district court's judgment upholding his driver's license suspension by the Kansas Department of Revenue (KDR). The issue is whether the district court's finding that the sheriff's deputy complied with Kansas Department of Health and Environment (KDHE) protocol for the Intoxilyzer 5000 breath testing is supported by substantial competent evidence. We affirm.

On July 26, 2001, Osborne County Sheriff's Deputy Aaron...

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