Jarmer v. Kansas Dept. of Revenue
(2024)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under Kansas law, 'operating' a vehicle is synonymous with 'driving' and requires actual movement of the vehicle. Exerting physical control over a vehicle's machinery without achieving any movement from its location constitutes an 'attempt to operate' but not 'operation.'
Facts:
- Shana L. Jarmer's husband drove their vehicle into a house and then landed it in a muddy ditch.
- When law enforcement arrived, Jarmer was in the driver's seat with her hands on the steering wheel.
- Jarmer was pressing the gas pedal, causing the vehicle's tires to spin while her husband pushed the vehicle from behind.
- Despite these efforts, the vehicle itself did not move from its location because it was stuck in the mud.
- Jarmer submitted to a breath alcohol test, which showed a result of 0.156, exceeding the legal limit.
Procedural Posture:
- The Kansas Department of Revenue (KDR) upheld the suspension of Shana L. Jarmer's driving privileges in an administrative hearing.
- Jarmer filed a petition for judicial review in the Sumner County District Court (trial court).
- The district court denied Jarmer's petition, affirming the KDR's decision.
- Jarmer, as appellant, appealed the district court's judgment to the Kansas Court of Appeals (intermediate appellate court), with the KDR as appellee.
- The Court of Appeals affirmed the judgment of the district court.
- The Kansas Supreme Court granted Jarmer's petition for review.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a person 'operate' a vehicle for the purposes of K.S.A. 8-1002(a)(2)(A) by sitting in the driver's seat, pressing the gas pedal, and causing the tires to spin, if the vehicle itself is stuck and does not move from its location?
Opinions:
Majority - Wilson, J.
No. A person does not 'operate' a vehicle if the vehicle does not actually move. The court reaffirmed its long-standing precedent from cases like State v. Darrow, which holds that for purposes of Kansas traffic laws, 'operate' is synonymous with 'drive,' and 'drive' requires movement. The applicable statute, K.S.A. 8-1002(a)(2)(A), allows for license suspension after a failed breath test only if the person was 'operating' a vehicle. A separate provision, for test refusals, applies to 'operating or attempting to operate' a vehicle. Because Jarmer's vehicle did not move, her actions constituted an 'attempt to operate,' not 'operation.' Therefore, the statutory requirement for suspending her license after a failed test was not met, as the Legislature intentionally created a distinction between the two acts.
Dissenting - Stegall, J.
Yes. Whether a person is 'operating' a vehicle should be a common-sense question of fact for a fact-finder, not a rigid legal definition determined by an appellate court. The majority's holding that spinning the tires of a car while trying to move it does not constitute 'operation' leads to an absurd result. Jarmer was engaging the vehicle's drivetrain with the intent to move the car, and substantial evidence supported the administrative finding that she was operating it. The court should not create increasingly narrow legal definitions that override the plain meaning of the statute and the real-world judgment of fact-finders.
Analysis:
This decision solidifies a strict, bright-line rule in Kansas that 'operation' of a vehicle requires actual movement, not just the intent or physical control to make it move. By adhering strictly to stare decisis and the textual distinction between 'operate' and 'attempt to operate' in the statute, the court provides a predictable standard. This precedent significantly impacts future DUI-related administrative actions and criminal cases where a vehicle is found running but immobile, such as being stuck, high-centered, or otherwise disabled. The ruling prioritizes literal statutory interpretation over a broader public policy goal of penalizing all forms of intoxicated control over a vehicle.
