Legal Opinion

Davis v. Kansas Dept. of Revenue

Court of Appeals of Kansas

Decided April 5, 2024No. 126391Published

1Opinion of the Court

No. 126,391 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JORDAN M. DAVIS, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. SYLLABUS BY THE COURT Law enforcement officers must have reasonable grounds to request a breath test. In later administrative driving license proceedings considering the reasonableness of making this request, or in subsequent judicial review of such requests, the State can prove reasonable grounds by using a completed DC-27 form, or through competent testimony, or both. Technical errors like checking or not checking a particular box on the form do not bar the…

2Cases cited8 opinions

  1. Martin v. Kansas Department of RevenueSupreme Court of Kansas · 2008
  2. Hodges v. JohnsonSupreme Court of Kansas · 2009
  3. State v. ThurberSupreme Court of Kansas · 2018
  4. City of Atwood v. PianaltoSupreme Court of Kansas · 2015
  5. State v. SandersSupreme Court of Kansas · 2019

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