Marbut v. Motor Vehicle Department of Highway Commission

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a judgment of the district court of Kiowa County directing the restoration of a driver’s license which had been suspended for refusal to take a blood alcohol test as provided by G. S. 1961 Supp., 8-1001, now K.S.A. 8-1001.

The facts material to the determination of the question raised, which are not in dispute, may be briefly stated.

On December 23,1962, the plaintiff, Luther T. Marbut, a resident of Greensburg, was arrested by a Kansas Highway Patrolman at a point approximately one mile west of Wellsford on U. S.…