Furthmyer v. Kansas Department of Revenue

Pierron, J.;

Larry Furthmyer appeals the trial court’s decision affirming the suspension of his driver’s license for one year. Although several issues were raised below, on appeal he raises only one issue. He argues there must be a finding the suspendee was operating the vehicle at the time of the offense which forms the basis of the suspension. We agree and reverse and remand.

Rick Harter, a Russell police officer, observed appellant’s car stopped very close to a stop sign. After observing the vehicle through a pair of binoculars, Harter approached it to investigate. The front wheels were…