Blog Posts in 2016

  • 22-Nov-2016

    Good Faith Exception and Criminalization of Refusal

    The status of the criminalization of refusing to take a breath test remains in flux. On one hand, the Kansas Supreme Court clarified that it is contrary to the Kansas Constitution to criminalize the refusal. But, then the United States Supreme Court ...
  • 13-Jun-2016

    BAC Test Results Coerced - Status of Current DUI Law

    In 2012, Kansas made it a crime to refuse to take the chemical test (blood, breath, or urine) at the station. As a DUI defense lawyer and constitutionalist, I have been telling my clients ever since 2012 that the law was unconstitutional. Finally, in ...

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