MITCHELL v. KANSAS DEPT. OF REVENUE

No. 99,372.

200 P.3d 496 (2009)

Billy J. MITCHELL, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

February 13, 2009.


Attorney(s) appearing for the Case

Richard L. Hines, of Hines & Ahlquist, P.A., of Erie, for appellant.

James G. Keller, of Legal Services Bureau, Kansas Department of Revenue, for appellee.

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


MALONE, J.

Billy J. Mitchell appeals the district court's decision upholding the Kansas Department of Revenue's (KDR) administrative suspension of his driving privileges for failing a breath test. The sole issue is whether the procedures used for the breath test substantially complied with the procedures set out by the Kansas Department of Health and Environment (KDHE). Mitchell contends that the testing officer failed to comply with the portion of the KDHE protocol...

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