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IN RE DRIVING PRIVILEGES OF G.L. MUNDHENKE

No. 91,373.

33 Kan.App. 2d 237 (2004)

99 P.3d 1141

IN RE DRIVING PRIVILEGES OF G.L. MUNDHENKE.

Court of Appeals of Kansas.

Opinion filed November 5, 2004.

Attorney(s) appearing for the Case

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

Kenneth E. Peirce, of Peirce Law Office, of Hutchinson, for appellee.

Before RULON, C.J., McANANY, J., and BRAZIL, S.J.

Rulon, C.J.:

Respondent Kansas Department of Revenue appeals the district court's dismissal of the administrative suspension of petitioner G.L. Mundhenke's driver's license. We reverse.

On August 16, 2002, the petitioner was stopped at a driving under the influence (DUI) checkpoint at 4th Street and Ford in Hutchinson, Kansas. The petitioner exhibited bloodshot eyes, smelled of alcohol, and acknowledged that he had recently consumed alcohol. Additionally,...

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