Jarmer v. Kansas Dept. of Revenue

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 124,920 SHANA L. JARMER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. SYLLABUS BY THE COURT 1. K.S.A. 8-1002(a) distinguishes operation of a vehicle from attempted operation of a vehicle. The word "operate," as used in K.S.A. 8-1002(a), is synonymous with the word "drive," which requires that the vehicle must move. A would-be driver's physical control over the vehicle does not establish "operation" of the vehicle. 2. When an individual fails a breath alcohol test, K.S.A. 8-1002(a)(2) authorizes the Kansas Department of Revenue to…