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BUTCHER v. KANSAS DEPT. OF REVENUE

No. 93,657

34 Kan.App. 2d 826 (2005)

ALAN RAY BUTCHER, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed December 30, 2005.

Attorney(s) appearing for the Case

J. Brian Cox, of Legal Services Bureau, Kansas Department of Revenue, of Topeka, for the appellant.

No appearance for appellee.

Before MARQUARDT, P.J., PIERRON, J., and BUKATY, S.J.

PIERRON, J.:

The Kansas Department of Revenue (KDR) appeals the district court's reversal of the administrative suspension of Alan Ray Butcher's driver's license. KDR argues the court erred in not finding reasonable grounds existed to believe that Butcher was operating a vehicle while under the influence of alcohol or drugs (DUI). We agree with KDR and reverse.

On May 13, 2003, Officer Lee Patterson was working the night shift when he saw Butcher driving a...

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