individual requesting test in Kansas

2022The Standish court set out several requirements to determine whether a rescission is effective: "To be effective, the subsequent consent must be made: (1) within a very short and reasonable time after the prior first refusal; (2) when a test administered upon the subsequent consent would still be accurate; (3) when testing equipment is still readily available; (4) when honoring the request will result in no substantial inconvenience or expense to the police; and (5) when the individual requesting the test has been in the custody of the arresting officer and under observation of the whole time

2012The opinion described the rules as follows: “To be effective, the subsequent consent must be made: “(1) within a very short and reasonable time after the prior first refusal; “(2) when a test administered upon the subsequent consent would still be accurate; “(3) when testing equipment is still readily available; “(4) when honoring the request will result in no substantial inconvenience or expense to the police; and “(5) when the individual requesting the test has been in the custody of the arresting officer and under observation for the whole time since arrest.” 235 Kan. at 902-03 .

2004To be effective, the subsequent consent must be made: (1) within a veiy short and reasonable time after the prior first refusal; (2) when a test administered upon the subsequent consent would still be accurate; (3) when testing equipment is still readily available; (4) when honoring the request will result in no substantial inconvenience or expense to the police; and (5) when the individual requesting the test has been in the custody of the arresting officer and under observation for the whole time since arrest.’ [Standish,] 235 Kan. 900 , Syl. ¶ 1.” Gray, 270 Kan. at 797 .