Jarmer v. Kansas Dept. of Revenue

Summary

The court held that operating a vehicle under the applicable driver's-license suspension statute requires actual movement of the vehicle, while attempted operation does not satisfy the statute when a driver fails a breath test. Because Jarmer's vehicle remained stuck in mud despite her efforts to move it, the Department of Revenue lacked authority to suspend her license on that basis. The court reversed the lower courts and remanded to the Department of Revenue for further proceedings.