Jarvis v. Kansas Dept. of Revenue

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,116 NATHAN A. JARVIS, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. SYLLABUS BY THE COURT 1. On judicial review of a hearing officer's order suspending a driver's license, K.S.A. 2019 Supp. 8-1020(p) grants a court the authority to consider and determine any constitutional issue, including the lawfulness of the law enforcement encounter that led to the suspension. And under K.S.A. 2019 Supp. 8-1020(o) through (q) a court may set aside a driver's license suspension order if the driver meets the burden of establishing the encounter was…