Dewey v. Kansas Department of Revenue

Rees, J.:

In this driver’s license suspension case, plaintiff Michael D. Dewey appeals a district court judgment, entered upon a directed verdict, affirming the Division of Vehicles’ suspension of Dewey’s driver’s license for 120 days for refusal to submit to a chemical test for alcohol. We find the dispositive issue on appeal is whether the district court erred in finding that the chemical test refusal report was properly “verified on oath” as required by K.S.A. 8-1001(c). We reverse.

The pertinent facts may be briefly stated. The Division of Vehicles ordered suspension of Dewey’s driving…