2012

Blog Posts in 2012

  • 19-Dec-2012

    Bush Sentenced to over Four Years for DUI with Serious Bodily Injury

    The Tampa Bay Rays former pitcher, Matt Bush, was sentenced for a drunk driving wreck, where he fled the scene, leading to hit-and-run charges as well. Bush ended up pleading no contest to DUI with serious bodily injury. The other six charges were ...
  • 10-Dec-2012

    Double Jeopardy Doesn't Prevent An Administrative And A Criminal Action.

    The 5the Amendment of the United States Constitution states, "…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against ...
  • 6-Nov-2012

    The Expansion Should Not Exceed the Stop

    One of the first questions a good DUI defense lawyer asks while defending a drunk driving charge is: what are the bad facts I can get suppressed? For example, if I can convince the judge to suppress that.178 breath test, then the breath test ...
  • 28-Sep-2012

    DUI While Riding A Horse?

    Uggggg! Someone was recently charged in Kansas with DUI while riding….wait for…wait for it…. A HORSE! Really?!? Yep. The attorney in this case will have his hands full arguing whether it should apply. The good news is, this may ...
  • 12-Sep-2012

    Stop Allowed Even Though Police Were Stopping Someone Else

    In 2010, the Kansas Court of Appeals determined that brief detention of a driver who had pulled over, pursuant to law enforcement pulling someone else over, did not violate the Fourth Amendment The case was State v. Reiss 45 Kan.App.2d 85, 244 P.3d ...
  • 7-Sep-2012

    Crawford Case Allowed Stop Without Bad Driving

    In my legal blogs, I've been discussing reasonable suspicion and what justifies the police to stop a vehicle. As a criminal defense lawyer I litigate drunk driving cases and this issue comes up often. In fact, the stop is one of the first things ...
  • 31-Aug-2012

    Phone Tips Can Lead to Valid Stops

    Phone Tips Can Lead to Valid Stops As a Kansas criminal defense lawyer, I am often asked when a police officer can legally stop a car. Generally, a stop requires an officer to have reasonable suspicion. There are of course exceptions, such as a stop ...
  • 27-Aug-2012

    No Probable Cause To Arrest When SFST Done at Police Station

    Kansas DUI law is interesting and complex. On one hand, the Constitution protects individual's liberties. On the other, the Court in DUI cases seem to allow police officers more flexibility when investigating drunk driving cases. As a DUI lawyer, ...
  • 24-Aug-2012

    Welfare Check Wasn't Valid Reason For Stop in This Case

    Under the Fourth Amendment, we, the people, are not to be subject to unreasonable searches and seizures. However, the Courts have provided several exceptions, allowing police officers to search your car, even without reasonable suspicion. One such ...
  • 21-Aug-2012

    Checklanes Again Held Legal

    In Davis v. Ks. Dept. of Revenue 252 Kan. 224, 843 P.2d 260 (1992), the Supreme Court reaffirmed that checkpoints are constitutional. They reversed the trial court's decision to vacate the suspension of the person's driver's license. The ...
  • 20-Aug-2012

    Court Decides Due Process Not Violated Because it was at the Administrative Hearing

    After an alleged breath test refusal or failure, a person has 14 days to request the administrative hearing regarding their license. Otherwise, they automatically lose their license. Unfortunately, your line of questioning and witnesses at the ...
  • 14-Aug-2012

    Deskins Criteria Regarding DUI Checklanes

    Recently, I blogged about the legality of drunk driving checklanes. It was discussed how the courts applied a "Deskins" legal analysis. Deskins is a Kansas Supreme Court case about sobriety check points and roadblocks. It's citation is ...
  • 1-Aug-2012

    U-Turn to Avoid DUI Checklane Led to Valid Stop

    Before an officer can pull someone over, they must be able to articulate reasonable suspicion of a crime. What if the person performs a U-Turn to avoid a DUI checklane? In State v. Kotas 35 Kan.App.2d 769, 134 P.3d 677 (2006), the Court addressed the ...
  • 31-Jul-2012

    Preservation of Breath Sample Not Required

    Preservation of the Breath Sample There is much argument about the reliability of the Intoxilyzer as well as other Breathalyzers. These machines attempt to gauge the BAC in a persons' blood. The problem is, they are measuring air, not blood. So, ...
  • 30-Jul-2012

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates In State v. Ernesti 291 Kan. 54, 65, 239 P.3d 40 (2010), the Supreme Court decided to overturn the district court, who had previously suppressed the breath test ...

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