Supreme Court of Kansas

Scott F. Standish, Appellee v. Department of Revenue, Motor Vehicle Division, Appellant

July 13, 1984235 Kan. 900

Summary

The Kansas Supreme Court affirmed the Department of Revenue's suspension of Standish's driver’s license, holding that his later consent did not rescind his earlier refusal to submit to a chemical breath test and that the refusal was reasonable given the confusing Miranda warnings.

Holding

  • Whether an initial refusal to submit to a chemical breath test may be rescinded by subsequent consent under K.S.A. 8-1001.. The Court held that an initial refusal may be rescinded only if the subsequent consent occurs within a very short and reasonable time, the test would still be accurate, equipment is readily available, there is no substantial inconvenience to police, and the suspect has remained in the officer’s custody the whole time; Standish’s later consent failed these criteria, so his refusal was not rescinded.

Docket 56,147

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