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Posted on Feb 3, 2012 By Kansas DUI Attorney
As a DUI defense lawyer I have argued numerous different defenses regarding standardized field sobriety testing . I have not however argued this new "big breasts" defense a lady recently ...
Continue reading "Big Breasts a Defense in a DUI Case?" »
Posted on Jan 30, 2012 By Kansas DUI Attorney
The Court of Appeals decided that law enforcement must substantially comply with the requirements laid out by the Kansas Deparment of Health and Environment. In the folowing case, the Court of Appeals ...
Continue reading "Breath Test Not Allowed Due To Failure to Comply With KDHE Protocols" »
Posted on Jan 27, 2012 By Kansas DUI Attorney
An anonymous active duty veteran police officer expressed his desire to join Law Enforcement Against Prohibition. He would like to speak out publicly against the war against drugs. However, he ...
Continue reading "Officers Against Drug War" »
Posted on Jan 27, 2012 By Kansas City DUI Attorney
Supreme Court In Rules that Retrograde Extrapolation Was Prejudicial The Court's decision made it tougher for prosecutors to obtain a drunk driving conviction, providing more protection for ...
Continue reading "Supreme Court Rules Retrograde Extrapolation Was Prejudicial" »
Posted on Jan 24, 2012 By Kansas DUI Attorney
UNITED STATES v . JONES On January 23, 2012, the United States Supreme Court came out with the decision relating to the placing of a GPS monitoring device on a person's car. At first glance, it ...
Continue reading "New Supreme Court Case Regarding GPS Devices" »
Posted on Jan 23, 2012 By Kansas City DUI Attorney
Warrantless blood draws in Missouri are impermissible absent "exigent circumstances." The mere fact that blood alcohol dissipates over time is not, standing alone, sufficient to allow law ...
Continue reading "Supreme Court: warrantless blood draws are generally inadmissible" »
Posted on Jan 19, 2012 By Kansas City DUI Attorney
There are numerous myths surrounding DUI's. Myth #1: You can only get a DUI due to alcohol or illegal drugs. Incorrect. Kansas law allows a DUI conviction when impaired due to alcohol, drugs (even ...
Continue reading "9 DUI Myths" »
Posted on Jan 12, 2012 By Kansas City DUI Attorney
Nick Christie, a 62 year old retired man left Ohio to go visit his brother in Florida. During the trip, Mr. Christie mentally deteriorated very quickly. His wife was already concerned about his well ...
Continue reading "Man Dies After Excessive Use of Force In Jail" »
Posted on Jan 9, 2012 By Kansas DUI Attorney
While discussing his proposed legislation to force all first time DUI offenders to install ignition interlock devices onto their vehicles, Sen. John Rafferty, said, "This will prevent people who ...
Continue reading "Ignition Interlock Legislation" »
Posted on Jan 4, 2012 By Kansas City DUI Attorney
As a DUI defense attorney, I regularly research the legal issues dealing with driver license suspensions . One of the issues that rises up regularly, is how long it takes KDOR (Kansas Department of ...
Continue reading "Must Show Prejudice" »
Posted on Dec 30, 2011 By Kansas City DUI Attorney
When is a Dog Sniff a Search Under the Fourth? Dog sniffs raise interesting 4th Amendment legal analysis. Regular human senses don't automatically violate the Fourth Amendment. Additionally, the ...
Continue reading "Dog Sniffs and the 4th Amendment" »
Posted on Dec 28, 2011 By Kansas DUI Attorney
The Ottawa County Bar Association and Criminal Defense Attorneys of Michigan and The American Civil Liberties Union of Michigan joined forces today, urging a Michigan Court to dismiss contempt charges ...
Continue reading "Lawyer Jailed For Zealously Representing Client" »
Posted on Dec 22, 2011 By Kansas DUI Attorney
What is jury nullification? It's when the jury acquits the defendant for reasons of their own. It's when the jury pretty much disregards the jury instructions and considers what they think ...
Continue reading "Jury Nullification" »
Posted on Dec 20, 2011 By Kansas DUI Attorney
As a DUI lawyer, the situation often arises regarding what it means to "operate" a vehicle in terms or the Kansas DUI statute, K.S.A. 8-1567. Do you have to actually drive? Not necessarily. ...
Continue reading "Do You Actually Have To Drive To Be Found Guilty Of DUI?" »
Posted on Dec 16, 2011 By Kansas City DUI Attorney
As a criminal defense lawyer, I get extremely frustrated when the prosecutor asks the witness on the stand, "Are you able to identify the person who did this? Please do so." Miraculously, ...
Continue reading "Can You Identify Him? Hint...He's Sitting Next to the Defense Lawyer." »
Posted on Dec 12, 2011 By Kansas City DUI Attorney
While a breath machine may give a correct reading, it doesn't always. The accuracy is not reliable. Furthermore, the relevance is questionable, because the alcohol ratio on your breath does not ...
Continue reading "Are Breath Machines Reliable?" »
Posted on Dec 9, 2011 By Kansas DUI Attorney
Rima Fakih, who was the first Arab American woman to win a Miss USA pageant, was arrested for drunk driving last Saturday. Her defense lawyer, Doraid Elder said that Fakih's record "has not a ...
Continue reading "Former Miss USA Arrested For Drunk Driving" »
Posted on Dec 8, 2011 By Kansas City DUI Attorney
In Bloomington, Illinois, forty-seven year old Willian Dietrich, was sentenced to 20 years in prison for DUI. Apparently, Dietrich has been arrested 11 times in the past for driving under the ...
Continue reading "Man Sentenced to 20 Years for 11th DUI" »
Posted on Dec 7, 2011 By Kansas DUI Attorney
Basic Overview of Drunk Driving Laws in Canada Our northern neighbor, Canada, enforces has drunk driving laws on their books. The Canadian Criminal Code has laws against impaired driving. The Canadian ...
Continue reading "Basic Overview of Drunk Driving Laws in Canada" »
Posted on Dec 6, 2011 By Kansas DUI Attorney
Whenever I take on a DUI case, I assume we are going to trial and do everything I can to beat it. In fact, as a drinking and driving defense attorney, I love trial. But the reality is. most cases are ...
Continue reading "Pleas Deemed Unconstitutional By Some" »
Posted on Dec 5, 2011 By Kansas City DUI Attorney
Years from now, texting while driving may have the same stigma of drinking and driving, or worse. Academic studies have shown that texting while driving impairs the driver's abilities. However, ...
Continue reading "Texting and Driving Worse Than Drinking And Driving" »
Posted on Dec 2, 2011 By Kansas DUI Attorney
Erik Norman, of the Richmond County Sheriff's Office in Virginia was forced to resign on October 19, 2011. A prosecutor reported that the former officer told her that he had falsified readings ...
Continue reading "Forced Resignation After Officer Falsifies PBT Results" »
Posted on Dec 1, 2011 By Kansas DUI Attorney
As a Kansas DUI defense attorney , people often asking me about the new drunk driving laws that passed in Kansas this past summer. (Legilslation Statute changed July 2011) I love answering their ...
Continue reading "Kansas DUI Law Changes Reminder" »
Posted on Nov 23, 2011 By Kansas DUI Attorney
Kansas University Police Officers, Kansas Department of Revenue's Alcoholic Beverage Control, Lawrence police, and the Douglas County Sheriff's office are part of the Fake ID 101 task force. ...
Continue reading "DUI Patrols Increase For Thanksgiving" »
Posted on Nov 19, 2011 By Kansas DUI Attorney
As a DUI lawyer , I have seen hundreds of in-car videos of drunk driving investigations. The one I just saw was a bit unique as it was of Mizzouri football headcoach, Gary Pinkel. Coach Pinkel was ...
Continue reading "Coach Pinkel's In-Car Drunk Driving Arrest Video" »