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SHRADER v. KANSAS DEPT. OF REVENUE

No. 103,176.

290 P.3d 549 (2012)

Stanley L. SHRADER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Kansas.

December 14, 2012.

Attorney(s) appearing for the Case

Daniel C. Walter , of Ryan, Walter & McClymont, Chtd., of Norton, argued the cause and was on the briefs for appellant.

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 briefs for appellee.

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

Stanley L. Shrader appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2007 Supp. 8-1014(a). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is authorized to request under K.S.A.2007 Supp. 8-1001(b).

The district court relied upon State v. Counseller,

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