Nickelson v. Kansas Department of Revenue

Malone, J.:

Allen J. Nickelson appeals the district court’s judgment affirming the Kansas Department of Revenue’s (KDR) suspension of his driver’s license resulting from Nickelson’s blood alcohol breath test failure. Nickelson claims that the arresting officer had no lawful grounds to approach Nickelson’s vehicle which had pulled off the highway. Nickelson further claims that even if the initial encounter was justified for public safety, tire arresting officer improperly expanded the scope and length of the detention. We affirm.

Factual and procedural background

On November 10, 2002, at…