Rosendahl v. Kansas Department of RevenueAnnotate this Case
The Supreme Court reversed the district court's decision reversing the revocation of Brenda Rosendahl's driving privileges but affirmed the district court's finding that the statutorily required $50 fee for an administrative hearing to challenge the suspension of driving privileges is unconstitutional, holding that the district court correctly found that Kan. Stat. Ann. 8-1020(d)(2) is unconstitutional but that this judgment did not impact Rosendahl's suspension.
In Creecy v. Kansas Department of Revenue, __ P.3d __ (Kan. 2019), decided on this day, the Supreme Court held that the statutorily required $50 fee for administrative hearing to challenge the suspension of driving privileges is unconstitutional. In the instant case, the Supreme Court held (1) for the reasons set forth in Creecy, the district court here did not err in finding section 8-1020(d)(2) unconstitutional; and (2) the officer not had reasonable grounds to request that Rosendahl submit to an evidentiary breath test, and therefore, the district court erred in finding that the officer did not have reasonable grounds to request a breath test.