Shrader v. Kansas Department of Revenue
247 P.3d 681
| Kan. Ct. App. | 2011Background
- Officer Burmaster observed Shrader commit a traffic infraction and knew Shrader’s license was suspended.
- Shrader appeared unsteady, smelled of alcohol, admitted consuming drinks, and refused field sobriety and preliminary breath tests.
- Shrader was arrested for driving with a suspended license and taken to the Decatur County Sheriff's Office.
- Implied consent advisories were given and Shrader refused to submit to the alcohol breath test (Intoxilyzer 8000).
- KDOR suspended Shrader’s driving privileges; Shrader challenged the suspension in a de novo district court proceeding, arguing improper application of 8-1001(b).
- The district court affirmed the suspension, finding Shrader was under arrest and that officer had reasonable grounds to believe intoxication; Shrader appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burmaster had reasonable grounds to believe Shrader operated under the influence | Shrader argues grounds were not sufficient. | State/ KDOR contends there were reasonable grounds under 8-1001(b). | Burmaster had reasonable grounds; substantial evidence supports a belief Shrader operated while intoxicated. |
| Whether Shrader was arrested or taken into custody for an alcohol-related offense under 8-1001(b)(1) | Shrader was arrested for driving with a suspended license, not an alcohol offense. | Counseller supports broader interpretation that arrest for any offense involving operation suffices. | 8-1001(b)(1) requires an arrest for an alcohol-related driving offense (not just any vehicle-ops offense); district court erred. |
| Whether the trial de novo standard and review apply | Proper de novo review with burdens as stated by statute. | stan-appropriate review framework applied; standard is substantial competent evidence. | Court applied proper standard and independently evaluated whether findings support conclusions. |
Key Cases Cited
- State v. Jones, 279 Kan. 71 (2005) (supports testing after reasonable grounds and arrest/accident framework)
- State v. Gray, 270 Kan. 793 (2001) (limits testing to alcohol-related arrestees with proper grounds)
- Sullivan v. Kansas Dept. of Revenue, 15 Kan. App. 2d 705 (1991) (reasonable grounds and arrest conditions for testing)
- Campbell v. Kansas Dept. of Revenue, 25 Kan. App. 2d 430 (1998) (probable cause standard for reasonable grounds)
- Counseller, 22 Kan. App. 2d 155 (1996) (broader interpretation of 8-1001(b)(1) in prior statute context)
- Brunner, 211 Kan. 596 (1973) (early interpretation of implied consent testing and arrest)