Leffel v. Kansas Department of Revenue

Green, J.:

James Leffel appeals from the trial court’s decision affirming the suspension of his driver’s license by the Kansas Department of Revenue (KDR). Leffel argues that the trial court erred in considering preliminary breath test results from a device not approved by the Kansas Department of Health and Environment (KDHE). We determine that because there was no evidence in the record establishing that the preliminary breath testing device had been approved by the KDHE, the preliminaiy breath test result could not be used when determining whether probable cause existed to arrest Leffel.…