Ruble v. Kansas Department of Revenue

Schmisseur, J.:

The Kansas Department of Revenue (KDR) appeals from the district court’s order reversing the 330-day restriction on Lariy J. Ruble’s driving privileges for failing a breath alcohol test. The KDR argues that the court erred in finding that the notices given to Ruble were not adequate because they did not mention the 330-day restriction of driving privileges. Ruble cross-appeals, arguing that the court erred in failing to consider the “margin of error” for his breath sample.

The facts are not substantially in dispute and are highly summarized. On February 23,1995, Ruble was placed…