Linenberger v. Kansas Department of Revenue

Buchele, J.:

On August 30,1997, Christopher Linenberger was stopped while driving by Officer Nixon after the officer had reasonable grounds to believe Linenberger was driving under the influence of drugs or alcohol. Linenberger failed several sobriety tests and refused to take a breath test. That same day Officer Nixon completed a certification and notice of driver’s license suspension form and personally served it on Linenberger. A copy of the form was not received by the Kansas Department of Revenue (KDR) until October 3, 1997.

On October 9, 1997, Linenberger was notified that due to his…