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PRATT v. KANSAS DEPT. OF REVENUE

No. 108,204.

296 P.3d 1128 (2013)

48 Kan. App. 2d 586

Angie K. PRATT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

February 8, 2013.

Attorney(s) appearing for the Case

Daniel C. Walter , of Ryan, Walter & McClymont, Chtd., of Norton, for appellant.

James G. Keller , deputy general counsel, Kansas Department of Revenue, for appellee.

Before ARNOLD-BURGER, P.J., GREEN, J., and HEBERT, S.J.

ARNOLD-BURGER, J.

Before the Kansas Department of Revenue (KDR) can suspend a driver's license as a result of a driver's illegal breath alcohol concentration (BAC) level, Kansas law requires the arresting officer to serve the driver with a form notice called a DC-27 form. K.S.A. 2010 Supp. 8-1002(c). Our courts have treated the service of this form on the driver as jurisdictional, meaning if it is not properly served, then...

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