Enslow v. Kansas Department of Revenue

Knudson, J.:

The Kansas Department of Revenue (KDR) appeals the district court’s judgment in favor of Richard L. Enslow, whose driving privileges had been suspended after a breath test failure under K.S.A. 8-1001 et seq. KDR contends the district court erred in its conclusion that a substitute certification and notice of suspension form (commonly referred to as a DC-27) was null and void.

We reverse the district court and remand this case for the entry of judgment reinstating the suspension order of the KDR.

The underlying facts are not in material dispute. Enslow failed a breath test under…