Legal Opinion

In re Ball

Court of Appeals of Kansas

Decided March 27, 1986No. 58,1751PublishedCited by 4 opinions

1Opinion of the Court

Briscoe, J.:

Ronald C. Ball was arrested for driving while under the influence of alcohol. He refused to submit to a breath test. The Kansas Department of Revenue determined Ball’s refusal was unreasonable and suspended his driver’s license pursuant to K.S.A. 8-1001(c). Ball appeals the district court’s affirmance of the suspension.

After his arrest, Ball was taken to the Sherman County Sheriff s office by a highway patrol trooper. When the breathalyzer machine was plugged in, Ball saw a light on the machine flashing on and off erratically. Ball told the trooper about the light and expressed…

2Cases cited4 opinions

  1. In Matter of Suspension of Operating Privilege of BardwellWisconsin Supreme Court · 1978
  2. Elliott v. DoriusUtah Supreme Court · 1976
  3. Swedzinski v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
  4. McDonald v. ShawUtah Supreme Court · 1978

3Cited by4 opinions

  1. Fugere v. State, Taxation & Revenue Department, Motor Vehicle DivisionNew Mexico Court of Appeals · 1995
  2. State v. GeorgeCourt of Appeals of Kansas · 1988
  3. Long v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2012
  4. Fugere v. STATE, TAX. & REV. DEPT., MVDNew Mexico Court of Appeals · 1995

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