Allen v. Kansas Department of Revenue

The opinion of the court was delivered by

Gatterman, J.:

The Kansas Department of Revenue issued an administrative order suspending Daniel Allen, II’s driving privileges. Allen appealed the administrative action to the district court. The district court reversed the administrative order, holding there were no reasonable grounds for the officer to administer an evidentiary breath test under K.S.A. 2007 Supp. 8-1001. Additionally, the district court found K.S.A. 2007 Supp. 8-1012 unconstitutional both on its face and as applied in this case. The Kansas Department *654of Revenue appeals. The issues on…