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Missouri Supreme Court to Weigh Warrantless Blood Draws for DUIs

http://blogs.riverfronttimes.com/dailyrft/2011/06/missouri_supreme_court_duis_warrant_blood.php

Blog

  • 22-Nov-2016

    Good Faith Exception and Criminalization of Refusal

    The status of the criminalization of refusing to take a breath test remains in flux. On one hand, the Kansas Supreme Court clarified that it is contrary to the Kansas Constitution to criminalize the refusal. But, then the United States Supreme Court ...
  • 13-Jun-2016

    BAC Test Results Coerced - Status of Current DUI Law

    In 2012, Kansas made it a crime to refuse to take the chemical test (blood, breath, or urine) at the station. As a DUI defense lawyer and constitutionalist, I have been telling my clients ever since 2012 that the law was unconstitutional. Finally, in ...
  • 8-Oct-2015

    Supreme Court Sanctions Violations to the Constitution

    Do police officers have too much power? One would hope not. In cases like Hudson v. Michigan (2006), we see that officers can, at times, be given too much authority. The power granted to officers is clearly represented in American cities such as ...
  • 22-Jun-2015

    Kansas DUI Expungement Issues

    Kansas DUI expungement law can be confusing for numerous reasons. Different courts, judges, lawyers, and prosecutors have differing opinions regarding the matter. As an expereicned criminal defense lawyer dealing with DUI expungements, I have ...
  • 21-Jan-2015

    Eating While Driving Charge?!?

    The new crime of choice? EWD. A man in Cobb County, Georgia was recently ticketed for "EWD - Eating While Driving." Really!?! Apparently, eating a McDonald's Double Quarter Pounder with cheese and driving at the same time is off limits ...
  • 17-Sep-2014

    MIP Requires More Evidence Than Just Intoxication

    When defending clients against DUI charges, I oftentimes deal with numerous accompanying charges like driving while suspended, transporting an open container, no insurance, or minor in possession. As a criminal defense attorney,I want to talk a ...
  • 21-Aug-2014

    Substance Abuse Treatment Facility Closed By Kansas

    One of the things I often assist my clients in is finding substance abuse treatment. Typically, it seems that the judicial system is more concerned with punitive treatment and harsh punishment, rather than constructive treatment when it comes to ...
  • 22-Jul-2014

    Kansas Switches to Daubert

    In Kansas, HGN evidence is usually inadmissible in a DUI trial. HGN stands for Horizontal Gaze Nystagmus. It is the NHTSA field sobriety test an investigating officer may administer to someone to ascertain whether they are under the influence. It ...
  • 25-Mar-2014

    PBT Suppressed If No Reasonable Suspicion

    Several years ago I was in court for a DUI client, arguing that the PBT results should be suppressed due to faulty notices. However, the judge ruled against me on that issue because the Kansas statute for PBT specifically stated that failing to ...
  • 10-Mar-2014

    Supreme Court Rules That Police Can Ignore FST

    As a Kansas DUI lawyer, I spend hours every week reviewing police videos and reports on my clients. One of the things I am evaluating, is whether there was probable cause to arrest my client. Alas, if there isn't probable cause for the arrest, I ...
  • 27-Feb-2014

    Private Citizens Assisted in DUI Stop

    The report came out yesterday that 48 year old, Paul A. Kostraba, was charged with drunk driving. A DUI charge isn't especially unusual news. However, the way he was actually stopped is interesting. While on the highway, he had sideswiped another ...
  • 25-Feb-2014

    Kansas City Conducts Another Sobriety Checkpoint

    My wife and I attended the Kansas City Repertory Theater this past Saturday evening. The traffic was especially terrible due to all the equipment which was set up in the road. Combine that with the regular traffic of Power and Light district in ...
  • 24-Feb-2014

    Justin Beiber Doesn't Want Probation For His DUI

    As the whole world knows, Justin Beiber has been charged with drunk driving. Early today, he and his DUI defense lawyers rejected the deal offered by the prosecutor. The offered plea is a very common deal that involves probation, random drug testing, ...
  • 22-Feb-2014

    Overland Park Mother Arrested For DUI When Picking Up Her Child From School

    In my opinion as a Kansas DUI defense attorney, Overland Park is one of the strictest jurisdictions toward drunk driving. Additionally, the Overland Park, KS police officers are very adamant in their stringent DUI investigations and arrests. It is a ...
  • 19-Feb-2014

    Chemist Stealing Evidence

    As a Kansas DUI defense attorney I sometimes subpoena the reports for chemical tests, which were performed by the Kansas Bureau of Investigations. The information I receive back it sometimes very informative. However, I never received a packet back ...
  • 18-Feb-2014

    Kansas Appeals Court Declares Statute 8-1001(b)(2) Unconstitutional

    As a Kansas DUI defense lawyer, I am always researching the latest court decisions. The Kansas Court of Appeals just recently came out with a whopper of a decision which will have huge ramifications for defending drunk driving cases. The case is ...
  • 24-Dec-2013

    Kansas Court Rules Evidence Was Seized Illegally

    As a Kansas criminal defense attorney, I have watched hundreds of my clients undergo investigation by police. Typically, the get pulled over for something like speeding, and then the officers attempt to gain consent to search the entire vehicle. ...
  • 7-Nov-2013

    Guilty of DUI even if not impaired!

    A prosecuting attorney recently argued that smoking marijuana a week prior to driving is sufficient grounds for a DUI. What?!? That's right. According to this lawyer, you should receive a conviction for drunk driving even though you are no longer ...
  • 5-Jul-2013

    July 4th and DUI Statistics

    Yesterday was July 4, 2013, also known as Independence Day. Many people enjoyed their time drinking with friends and family. Unfortunately, some people drove home after drinking too much. As a DUI defense lawyer, I find that every July 4, numerous ...
  • 1-Jul-2013

    Officer Sexual Assault Lawsuit Resolved

    Several months ago, we reported a case involving two women who were sexually assaulted by law enforcement, under the guise of a search. That case has now been resolved. The two females who were violated were initially pulled over for throwing ...
  • 14-Jun-2013

    Be Careful When You Order Delivery

    On Wednesday, 23 year old Brenton Michael Wolf, was charged with unlawful possession of paraphernalia and cultivation of marijuana. The way the charges came about are very odd though and it will be interesting to see how the attorney addresses the ...
  • 10-Jun-2013

    Sober Man Arrested For DUI

    Today, MSN reports that a 64 year old man who was stone cold sober, was arrested and accused of DUI. The arrested man said he was really arrested for drunk driving because he was black. The man arrested for drunk driving was Jesse Thornton. He was ...
  • 7-Jun-2013

    The Arrest Must Be From An Alcohol Related Offense To Require Testing

    Refusing to submit to a blood, breath, or other chemical test which tests for BAC levels is now a crime in Kansas. This obviously raises defense complications for us DUI defense lawyers. However, the Kansas Supreme Court has clarified, that the ...
  • 30-May-2013

    Man Driving Drunk And Having Sex

    Law enforcement alleges that Luis Briones was driving under the influence of alcohol or drugs. Police also claim that the suspect was having sex while drinking and driving. Witnesses say they saw him driving while a naked woman was sitting on his ...
  • 18-Apr-2013

    Supreme Court Rules in Drunk Driving Case Regarding Warrantless Blood Draws

    As a Kansas criminal defense attorney, I regularly deal with warrantless BAC chemical tests in DUI cases. The Supreme Court of the United States released a drunk driving opinion yesterday morning about this, in Missouri v. McNeely. They held that ...

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