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NICKELSON v. KANSAS DEPT. OF REVENUE

No. 92,164.

33 Kan.App. 2d 359 (2004)

102 P.3d 490

ALLEN J. NICKELSON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed December 17, 2004.

Attorney(s) appearing for the Case

Daniel C. Walter, of Ryan, Walter & McClymont, Chtd., of Norton, for appellant.

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

Before MCANANY, P.J., MALONE, J., and LARSON, S.J.

MALONE, J.:

Allen J. Nickelson appeals the district court's judgment affirming the Kansas Department of Revenue's (KDR) suspension of his driver's license resulting from Nickelson's blood alcohol breath test failure. Nickelson claims that the arresting officer had no lawful grounds to approach Nickelson's vehicle which had pulled off the highway. Nickelson further claims that even if the initial encounter was justified for public safety, the arresting officer improperly...

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