MANZANO v. KANSAS DEPT. OF REVENUE

No. 108,861.

324 P.3d 321 (2014)

Israel MANZANO, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

May 9, 2014.


Attorney(s) appearing for the Case

John D. Shultz , of Legal Services Bureau, Kansas Department of Revenue, for appellant.

Leslie A. Hess and Andrea K. Swisher , of Kennedy Berkley Yarnevich & Williamson, Chartered, of Hays, for appellee.

Before LEBEN, P.J., McANANY and POWELL, JJ.


LEBEN, J.

The Kansas implied-consent law provides that a driver's license may be suspended for a failure to take a blood or breath test for alcohol when a law-enforcement officer has reasonable grounds to believe the person was driving while intoxicated. But the law also provides hearings that meet constitutional due-process requirements by allowing both an administrative hearing before a Kansas Department of Revenue hearing officer and, if unsuccessful there, a new...

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