Musick v. Kansas Department of Revenue

Briscoe, C.J.:

The Department of Revenue appeals, from the district court’s finding that Craig Musick’s prior uncounseled conviction of driving while under the influence could not be used as a basis for extending the period of his driver’s license suspension under K.S.A. 1989 Supp. 8-1014.

Musick was arrested for DUI on June 23, 1985, ánd entered into a diversion agreement on July 16, 1985. He was not represented by counsel when he entered into the diversion agreement. In determining whether the Depártment, will suspend or restrict an individual’s driving privileges for test .refusal, test…