ALLEN v. KANSAS DEPT. OF REVENUE

No. 102,134.

256 P.3d 845 (2011)

Daniel Stephen ALLEN, II, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

August 5, 2011.


Attorney(s) appearing for the Case

John D. Shultz , of Legal Services Bureau, Kansas Department of Revenue, argued the cause, and James G. Keller , of the same office, was 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 GATTERMAN, J.:

The Kansas Department of Revenue issued an administrative order suspending Daniel Allen, II's driving privileges. Allen appealed the administrative action to the district court. The district court reversed the administrative order, holding there were no reasonable grounds for the officer to administer an evidentiary breath test under K.S.A. 2007 Supp. 8-1001. Additionally, the district court found K.S.A. 2007...

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