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ASHLEY v. KANSAS DEPT. OF REVENUE

No. 96,707.

166 P.3d 1060 (2007)

Russell G. ASHLEY, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

September 7, 2007.

Attorney(s) appearing for the Case

Bruce D. Mayfield, of Bruce D. Mayfield, Chartered, of Overland Park, for appellant.

J. Brian Cox, of Kansas Department of Revenue, for appellee.

Before CAPLINGER, P.J., ELLIOTT and MALONE, JJ.

MALONE, J.

Russell G. Ashley appeals the district court's decision upholding his driver's license suspension by the Kansas Department of Revenue (KDR). Ashley claims he was not properly served with notice of his license suspension because the officer who served the notice was not the officer who administered the breath alcohol test Ashley had failed. KDR contends that neither the district court nor this court has jurisdiction to address Ashley's claim. In the alternative...

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