Blog Posts in 2012
Posted on May 18, 2012 By Kansas DUI Attorney
Despite legitimate concerns about trampling on the People's Constitutional rights, the House, in Topeka, approved a bill which criminalizes refusing to take a breath test during a DUI ...
Continue reading "House Criminalizes Breath Refusals" »
Posted on May 8, 2012 By Kansas DUI Attorney
According to Kansas Administrative Regulations (K.A.R.) 28-32-0 (b)(5) "For quality control, each device custodian or device custodian's designee shall test each EBAT device once each ...
Continue reading "Is the Kansas Blood Alcohol Program Incorrectly Certifying Breathalyzers?" »
Posted on Apr 23, 2012 By Kansas DUI Attorney
Currently, lawyers are not allowed to present HGN test results during a DUI trial in Kansas. However, the attorenys are allowed to present such evidence for purposes of determining probable cause. The ...
Continue reading "Shadden Case Explains Why Expert Needed to Present Scientific Evidence" »
Posted on Apr 20, 2012 By Kansas DUI Attorney
On March 16, 2012, Kansas Senate Bill 453 was amended to make the refusal of a person to submit to a blood, breath or urine test at the demand of law enforcement a crime. By March 27, it had passed in ...
Continue reading "Criminalizing Breath Refusals" »
Posted on Apr 18, 2012 By Kansas DUI Attorney
University of California at San Diego physics professor, Dmitri Krioukov, was issued a $400 traffic ticket for failing to stop at a stop sign. Unlike most traffic tickets though, he beat it at trial. ...
Continue reading "Physics Used to Beat a Stop Sign Ticket" »
Posted on Apr 16, 2012 By Kansas Attorney
A recent study showed that Belgian drivers injured in traffic accidents are far more likely to possess drugs and alcohol in their systems than are Dutch drivers. This is according to information to be ...
Continue reading "Marijuana and Alcohol Traffic Study in Belgium" »
Posted on Feb 24, 2012 By Kansas DUI Attorney
One of the two Lawrence, KS police officers who were recently suspended has been fired. As discussed previously in my blog, two officers were suspended for a ticket fixing scandal where traffic ...
Continue reading "Lawrence Kansas Officer No Longer With Police Force" »
Posted on Feb 20, 2012 By Kansas DUI Attorney
The Kansas Supreme Court just recently decided the following case. In their decision, the judges stated that a person cannot be both reckless and intentional. The Court stated, "The mental state ...
Continue reading "According to The Kansas Supreme Court, You Can't Be Both Reckless and Intentional" »
Posted on Feb 17, 2012 By Kansas DUI Attorney
Yesterday I wrote about the two police officers who were suspended for fixing traffic tickets in exchange for KU basketball tickets in Lawrence, Kansas. I was unable to state the names of the ...
Continue reading "Cops Suspended for Ticket Fixing in Exchange for KU Tickets" »
Posted on Feb 16, 2012 By Kansas DUI Attorney
Two police officers for the Lawrence police department where recently suspended. Apparently, they were connected to a scandal involving sporting tickets for KU. The suspensions occurred after an FBI ...
Continue reading "Police Officers Suspended Following KU Ticket Investigation By FBI" »
Posted on Feb 13, 2012 By Kansas City DUI Attorney
Drunk Driving Laws are a state issues. As a DUI defense attorney, I am regularly in the County District Courts for the State of Kansas. My legal practice rarely takes me into the federal courts, where ...
Continue reading "Feds Taking Over DUI" »
Posted on Feb 9, 2012 By Kansas DUI Attorney
Check out the folowing video of police attacking a civilian thought to have been drinking and driving. This is another example of somebody having a diabetic episode being mistaken for being drunk. The ...
Continue reading "Diabtetic Man Suspected of DUI Beaten" »
Posted on Feb 7, 2012 By Kansas DUI Attorney
I was watching "Thirty Rock" last night on NetFlix and laughed when one of the characters stated he didn't have a cell phone because "he wasn't going to have a government ...
Continue reading "Supreme Court GPS Case Discussed" »
Posted on Feb 6, 2012 By Kansas DUI Attorney
As a traffic lawyer, I mainly deal with drunk driving cases, but sometimes I might deal with a regular speeding ticket. Due to the legal fees and expense of appeals, I have only appealed one speeding ...
Continue reading "Parking Ticket Appeal" »
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" »