Garner v. Kansas Dept. of Revenue

No. 124,127 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JACK GARNER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. SYLLABUS BY THE COURT 1. To find that a driver violated K.S.A. 8-1547, the court must determine whether the driver started their vehicle from a stop without reasonable safety under the specific circumstances. 2. A driver's acceleration of a car from a stop that causes the engine to rev and the tires to spin and squeal—without more—is insufficient to constitute a violation of K.S.A. 8-1547 when there are no other circumstances suggesting that the acceleration was not…