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MITCHELL v. KANSAS DEPT. OF REVENUE

No. 89,873.

32 Kan.App. 2d 298 (2004)

81 P.3d 1258

ERNEST MITCHELL, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed January 9, 2004.

Attorney(s) appearing for the Case

Leslie A. Hess and Laura Lewis, student intern, of Dodge City, for appellant.

James G. Keller, of Legal Services Bureau, Kansas Department of Revenue, for appellee.

Before RULON, C.J., GREEN, J., and STEPHEN D. HILL, District Judge, assigned.

HILL, J.:

Dennis Mitchell appeals the trial court's order affirming the Driver Control Bureau's 1-year suspension of his commercial driver's license. He claims that the trial court erroneously determined that he was given a reasonable opportunity for an independent blood or breath alcohol concentration (BAC) test. He also argues that the trial court abused its discretion by admitting his breath test into evidence. We...

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