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McINTOSH v. KANSAS DEPT. OF REVENUE

No. 101,878.

237 P.3d 1243 (2010)

Charles McINTOSH, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

August 20, 2010.

Attorney(s) appearing for the Case

John D. Shultz, of Kansas Department of Revenue, argued the cause, and James G. Keller, of Kansas Department of Revenue, was with him on the brief for appellant.

Michael S. Holland II, of Holland and Holland, of Russell, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by JOHNSON, J.:

The Kansas Department of Revenue (KDR) administratively suspended Charles McIntosh's driving privileges based upon a refusal to submit to a breath test following his arrest for driving under the influence (DUI), see K.S.A.2009 Supp. 8-1002. McIntosh petitioned the district court to review the suspension, claiming that he had effectively rescinded his refusal and consented to take the breath test. The district...

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