Lira v. Billings

The opinion of the court was delivered by

Harman, C.:

This appeal concerns constitutionality of K. S. A. 8-259 (a) as it pertains to a hearing in district court based on an appeal from an order by the vehicle department of the state highway commission revoking a driver’s license for refusal to submit to *727a chemical test to determine blood alcohol content pursuant to K. S. A. 8-1001.

The facts are not in dispute. Plaintiff, referred to hereinafter as the appellant, was arrested in Shawnee county, Kansas, upon a charge of driving a motor vehicle while under the influence of intoxicating liquor and…