TOPEKA — A trucker wants the Kansas Supreme Court to settle a dispute about an administrative decision by the Kansas Department of Revenue to suspend his commercial driver’s license despite securing a diversion agreement on a DUI charge in Olathe.

The case on oral argument Wednesday before the Supreme Court originated with trucker David Vogt’s appeal in Johnson County District Court of the revenue department’s unilateral suspension action. District Judge Rhonda Mason determined a diversion cannot be defined as a conviction for purposes of evaluating license suspensions, but the Department of Revenue appealed.

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