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MARTIN v. KANSAS DEPT. OF REVENUE

No. 94,033.

142 P.3d 735 (2006)

Thomas J.G. MARTIN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

September 15, 2006.

Attorney(s) appearing for the Case

John D. Shultz, of Kansas Department of Revenue, for the appellant.

Michael A. Millett, of Law Offices of Michael A. Millett, P.A., of Overland Park, for the appellee.

Before MALONE, P.J., GREEN, J., and BUKATY, S.J.

BUKATY, J.

Following an administrative hearing, the Kansas Department of Revenue (KDR) suspended the drivers license of Thomas J.G. Martin for his failing of a chemical breath test. He appealed to the district court. The court dismissed the suspension order for the reason that the certifying police officer did not have a reasonable and articulable suspicion to stop Martin in the first place. KDR appeals raising two issues: first, that the reason for the initial stop...

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