Byrd v. Kansas Department of Revenue

The opinion of the court was delivered by

Luckert, J.:

K.S.A. 2011 Supp. 8-1002(c) provides that where a driver s license is being suspended because an illegal blood-alcohol level has been established by a blood test, “the officer shall serve notice of such suspension in person or by another designated officer or by mailing the notice to the person at the address provided at the time of the test.” (Emphasis added.) This driver’s license suspension case involves the question of whether the phrase “mailing the notice” requires the officer who conducted the alcohol testing to personally deliver…