Checklanes Again Held Legal

Checklanes Again Held Legal

Posted By Kansas DUI Attorney - Jerry Wallentine || 21-Aug-2012

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 license had been in jeopardy of being suspended, due to a chemical test refusal, but the trial court didn't allow the suspension, stating that even though checkpoints are constitutional, before law enforcement is allowed to stop a vehicle, they must have specific legislative or separate probable cause. Unfortunately, the Supreme Court overturned the trial court, noting that the legislature has had ample opportunity to impose legislative restrictions since Deskins, and has not chosen to do so; while it has taken specific action for mechanical inspections.

This is another legal obstacle for us Kansas DUI defense lawyers to hurdle over. As an experienced criminal defense attorney, it can be frustrating when navigating the legal waters, but the important challenges keep us going.

Categories: Chemical Testing, DUI, Traffic