EBERLE v. KANSAS DEPT. OF REVENUE

No. 91,825.

33 Kan.App. 2d 759 (2005)

108 P.3d 465

MELVIN EBERLE, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed March 25, 2005.


Attorney(s) appearing for the Case

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

Sarah Byrne, law clerk, and Dana L. Fanoele, of Kansas Department of Revenue, for appellee.

Before MARQUARDT, P.J., McANANY, J., and BRAZIL, S.J.


MARQUARDT, J.:

Melvin Eberle appeals the administrative suspension of his driver's license. We affirm.

Eberle was involved in an automobile accident in June 2002 and was transported to law enforcement headquarters where he was given the implied consent advisories. Eberle refused to take the breath test.

"After the refusal, he was released by the officers to his wife, which occurred approximately 23 to 27 minutes later and they walked outside the sheriff...

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