McRoberts v. Kansas Department of Revenue

Brazil, J.:

Wesley E. McRoberts appeals from the suspension of his driver s license, contending the trial court incorrectly stated the issue and the Kansas Department of Revenue (KDR) failed to prove McRoberts did not intend to take the breath test. We affirm.

McRoberts was stopped by Deputy Ken Glasscock on suspicion of driving while under the influence of alcohol. At that time, McRoberts took a preliminary breath test and was then arrested by Glasscock and taken to the sheriff’s office.

At the sheriff’s office, McRoberts agreed to take another breath test. It is undisputed that it was very…