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RIVERA v. KANSAS DEPT. OF REVENUE

No. 100,279.

206 P.3d 891 (2009)

Guadalupe G. RIVERA, Appellant, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF VEHICLES, Appellee.

Court of Appeals of Kansas.

May 8, 2009.

Attorney(s) appearing for the Case

Leslie A. Hess, of Hays, for appellant.

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

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

MALONE, J.

Guadalupe G. Rivera appeals the district court's decision granting the Kansas Department of Revenue's (KDR) motion to dismiss his petition for judicial review of an administrative order suspending his driver's license for a breath test failure. Based on Kingsley v. Kansas Dept. of Revenue, 288 Kan. ___, 204 P.3d 562 (2009), we remand Rivera's case to district court for further proceedings.

On January 29, 2007, Officer David Gordon of the...

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