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JARMER v. KANSAS DEPT. OF REVENUE

No. 124,920.

524 P.3d 68 (2023)

Shana L. JARMER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion Filed January 13, 2023.

Attorney(s) appearing for the Case

C. Ryan Gering , of Hulnick, Stang, Gering & Leavitt, P.A., of Wichita, for appellant.

Charles P. Bradley , of Legal Services Bureau, Kansas Department of Revenue, for appellee.

Before Arnold-Burger, C.J., Gardner and Cline, JJ.

Shana L. Jarmer was notified her driving privileges would be suspended after she failed a breath alcohol test. She challenges the district court's decision to uphold the suspension by claiming she did not "operate" the vehicle because it was stuck in the mud and did not move. We disagree. Jarmer was actively controlling the movement of...

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