2014

Blog Posts in 2014

  • 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 ...

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