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BIXENMAN v. KANSAS DEPT. OF REVENUE

No. 107,661.

307 P.3d 217 (2013)

Shane A. BIXENMAN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

July 15, 2013.

Attorney(s) appearing for the Case

John D. Shultz , of Legal Services Bureau, Kansas Department of Revenue, for appellant.

Leslie A. Hess , of Kennedy Berkley Yarnevich & Williamson Chartered, of Hays, for appellee.

Before MALONE, C.J., McANANY, J., and KNUDSON, S.J.

KNUDSON, J.

The Kansas Department of Revenue (KDR) appeals from the decision of the district court to set aside an administrative order suspending Shane A. Bixenman's driving privileges for 30 days and thereafter restricting his driving privileges for an additional 330 days. The district court concluded police officers lacked probable cause to arrest Bixenman for driving under the influence of alcohol (DUI) and therefore did not have reasonable grounds to request...

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