Lincoln v. Kansas Department of Revenue

Briscoe, C.J.:

The Department of Revenue appeals the district court’s decision reversing the Department’s suspension of J.F. Lincoln’s driver’s license.

On June 2, 1991, Lincoln’s car was stopped by a Kansas Highway Patrol trooper for failure to maintain a single lane of traffic. Lincoln was arrested after failing field sobriety tests. The trooper advised Lincoln of the implied consent laws, K.S.A. 8-1001 et seq., through both oral and written notices. After Lincoln was duly informed of the implied consent laws, he consented to a breath test. The test indicated he had a breath alcohol…