Kansas SCT Reverses Suspension of Prairie Band Driver’s License Holder

Here is the opinion in Rodewald v. Kansas Dept. of Kansas.

From the court’s opinion:

Jacob C. Rodewald appeals from the district court’s summary judgment in favor of the Kansas Department of Revenue (KDR), upholding the suspension of Rodewald’s Kansas driver’s license. The basis for the suspension was K.S.A. 8-1567a, which prohibits any person less than 21 years of age from operating a vehicle in this state with a breath or blood alcohol content (BAC) of .02 or greater and which provides for a driver’s license suspension if the test results are greater than .02, but less than .08. Rodewald contends that because he is an enrolled member of the Prairie Band Potawatomi Nation and was operating a vehicle on the reservation when stopped by a tribal officer, the tribal court had exclusive jurisdiction over any civil matter arising from the incident, and the KDR acted outside the scope of its authority. We agree. The grant of summary judgment is reversed, and the matter is remanded to the district court with directions to order the reinstatement of Rodewald’s driver’s license.