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SWANK v. KANSAS DEPT. OF REVENUE

No. 102,223.

281 P.3d 135 (2012)

Kathryn SWANK, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

July 27, 2012.

Attorney(s) appearing for the Case

John D. Schultz , of Legal Services Bureau, Kansas Department of Revenue, argued the cause, and Matt Franzenburg , of the same office, was with him on the briefs for appellant.

Douglas E. Wells , of Topeka, argued the cause, and Charles H. Apt III , of Apt Law Offices, LLC, of Iola, was on the brief for appellee.

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

This appeal concerns Kathryn Swank's challenge to her driver's license suspension for driving under the influence of alcohol and the appropriate role, if any, for evidence and legal argument regarding post-driving alcohol consumption.

FACTUAL AND PROCEDURAL BACKGROUND

This case began when Yates Center Police Officer Jacob G. Morrison responded to a 1:46 a.m. call about Swank driving recklessly...

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