Blog Posts in January, 2012

  • 30-Jan-2012

    Breath Test Not Allowed Due To Failure to Comply With KDHE Protocols

    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 reveresed the District Court, which had initially ...
  • 27-Jan-2012

    Officers Against Drug War

    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 doesn't out of fear. that he would be punished by his ...
  • 27-Jan-2012

    Supreme Court Rules Retrograde Extrapolation Was Prejudicial

    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 drivers who are often wrongly accused of drinking and ...
  • 24-Jan-2012

    New Supreme Court Case Regarding GPS Devices

    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 appears that liberty prevailed. However, if you look ...
  • 23-Jan-2012

    Supreme Court: warrantless blood draws are generally inadmissible

    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 enforcement to forego the requirement of obtaining a ...
  • 19-Jan-2012

    9 DUI Myths

    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 if legally prescribed), or a combination of both ...
  • 12-Jan-2012

    Man Dies After Excessive Use of Force In Jail

    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 being and had called the Lee County police in ...
  • 9-Jan-2012

    Ignition Interlock Legislation

    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 are pulled over and convicted of DUI from getting ...
  • 4-Jan-2012

    Must Show Prejudice

    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 Revenue) to schedule an administrative hearing. They ...

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