Traffic

Recent Posts in Traffic

  • 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 ...
  • 21-Jan-2015

    Eating While Driving Charge?!?

    The new crime of choice? EWD. A man in Cobb County, Georgia was recently ticketed for "EWD - Eating While Driving." Really!?! Apparently, eating a McDonald's Double Quarter Pounder with cheese and driving at the same time is off limits ...
  • 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 ...
  • 7-Nov-2013

    Guilty of DUI even if not impaired!

    A prosecuting attorney recently argued that smoking marijuana a week prior to driving is sufficient grounds for a DUI. What?!? That's right. According to this lawyer, you should receive a conviction for drunk driving even though you are no longer ...
  • 7-Jun-2013

    The Arrest Must Be From An Alcohol Related Offense To Require Testing

    Refusing to submit to a blood, breath, or other chemical test which tests for BAC levels is now a crime in Kansas. This obviously raises defense complications for us DUI defense lawyers. However, the Kansas Supreme Court has clarified, that the ...
  • 30-May-2013

    Man Driving Drunk And Having Sex

    Law enforcement alleges that Luis Briones was driving under the influence of alcohol or drugs. Police also claim that the suspect was having sex while drinking and driving. Witnesses say they saw him driving while a naked woman was sitting on his ...
  • 18-Apr-2013

    Supreme Court Rules in Drunk Driving Case Regarding Warrantless Blood Draws

    As a Kansas criminal defense attorney, I regularly deal with warrantless BAC chemical tests in DUI cases. The Supreme Court of the United States released a drunk driving opinion yesterday morning about this, in Missouri v. McNeely. They held that ...
  • 15-Mar-2013

    Ireland Council In Favor of Drunk Driving Permits

    One county in Ireland passed a measure to make it legal for rural drivers to drive their vehicles after drinking two or three alcoholic drinks. The law had been especially strict, limiting the alcohol consumption allowed for driver to be nominal or ...
  • 8-Feb-2013

    Mandatory Hold Deemed Unlawful

    The Kansas Court of Appeals ruled that section 9 of the Kansas Constitution Bill of Rights ensures that individuals charged with drunk driving are allowed to post bail. This was decided in State of Kansas v. Rickerson. However, some law enforcement ...
  • 6-Feb-2013

    Cops Are Not Above The Law

    In what appears to be a PR move, the Wichita, KS Police Department has asking the public to report officers who are speeding or driving unsafely without lights and sirens being activated. This is after three deadly police cruiser wrecks, in Wichita ...
  • 10-Jan-2013

    Officer Fakes Drunk Driving Charges

    State Trooper Falsified DUI Charges When a team wins a game, the players celebrate. When a friend receives a promotion, you might throw a party. Oddly, when law enforcement hand out a DUI, it's a big congratulation "badge of honor" for ...
  • 10-Dec-2012

    Double Jeopardy Doesn't Prevent An Administrative And A Criminal Action.

    The 5the Amendment of the United States Constitution states, "…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against ...
  • 6-Nov-2012

    The Expansion Should Not Exceed the Stop

    One of the first questions a good DUI defense lawyer asks while defending a drunk driving charge is: what are the bad facts I can get suppressed? For example, if I can convince the judge to suppress that.178 breath test, then the breath test ...
  • 12-Sep-2012

    Stop Allowed Even Though Police Were Stopping Someone Else

    In 2010, the Kansas Court of Appeals determined that brief detention of a driver who had pulled over, pursuant to law enforcement pulling someone else over, did not violate the Fourth Amendment The case was State v. Reiss 45 Kan.App.2d 85, 244 P.3d ...
  • 7-Sep-2012

    Crawford Case Allowed Stop Without Bad Driving

    In my legal blogs, I've been discussing reasonable suspicion and what justifies the police to stop a vehicle. As a criminal defense lawyer I litigate drunk driving cases and this issue comes up often. In fact, the stop is one of the first things ...
  • 31-Aug-2012

    Phone Tips Can Lead to Valid Stops

    Phone Tips Can Lead to Valid Stops As a Kansas criminal defense lawyer, I am often asked when a police officer can legally stop a car. Generally, a stop requires an officer to have reasonable suspicion. There are of course exceptions, such as a stop ...
  • 24-Aug-2012

    Welfare Check Wasn't Valid Reason For Stop in This Case

    Under the Fourth Amendment, we, the people, are not to be subject to unreasonable searches and seizures. However, the Courts have provided several exceptions, allowing police officers to search your car, even without reasonable suspicion. One such ...
  • 21-Aug-2012

    Checklanes Again Held Legal

    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 ...
  • 14-Aug-2012

    Deskins Criteria Regarding DUI Checklanes

    Recently, I blogged about the legality of drunk driving checklanes. It was discussed how the courts applied a "Deskins" legal analysis. Deskins is a Kansas Supreme Court case about sobriety check points and roadblocks. It's citation is ...
  • 1-Aug-2012

    U-Turn to Avoid DUI Checklane Led to Valid Stop

    Before an officer can pull someone over, they must be able to articulate reasonable suspicion of a crime. What if the person performs a U-Turn to avoid a DUI checklane? In State v. Kotas 35 Kan.App.2d 769, 134 P.3d 677 (2006), the Court addressed the ...
  • 31-Jul-2012

    Preservation of Breath Sample Not Required

    Preservation of the Breath Sample There is much argument about the reliability of the Intoxilyzer as well as other Breathalyzers. These machines attempt to gauge the BAC in a persons' blood. The problem is, they are measuring air, not blood. So, ...
  • 30-Jul-2012

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates In State v. Ernesti 291 Kan. 54, 65, 239 P.3d 40 (2010), the Supreme Court decided to overturn the district court, who had previously suppressed the breath test ...
  • 27-Jul-2012

    DUI Checklanes Constitutional

    Are DUI checklanes legal? According to the Kansas courts, these check lanes can indeed be legal. In fact, in the following case, City of Overland Park v. Rhodes, the court addresses the Constitutionality of stop points. Rhodes had been forced to pull ...
  • 19-Jul-2012

    NFL Player Charged With Drunk Driving

    Another sport celebrity was arrested for drunk driving. The 14th overall pick of the 2011 NFL Draft, Robert Quinn, Defensive End for the St. Louis Rams, was charged with DWI and two other charges. Apparently, he was cooperative throughout the ...
  • 29-Jun-2012

    New Case Regarding Extended Detention Of Suspect

    The Kansas Court of Apeels recently decided a case regarding the 4th Amendment, probable cause, and detaining a person. As a criminal defense attorney, it will likely be a helpful case when attempting to suppress illegally obatined evidence against ...
  • 6-Jun-2012

    Checkpoint Ruse Deemed Unconstitutional

    As a DUI defense lawyer, I am often asked about checkpoints. Checkpoints are planned stops along a road, where law enforcement stops vehicles and checks for drugs and sobriety. Yes, so long as procedure is followed, these checkpoints are generally ...
  • 18-Apr-2012

    Physics Used to Beat a Stop Sign Ticket

    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. How? He wrote a four page explanation to the judge ...
  • 16-Apr-2012

    Marijuana and Alcohol Traffic Study in Belgium

    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 published in the journal Forensic Science ...
  • 17-Feb-2012

    Cops Suspended for Ticket Fixing in Exchange for KU Tickets

    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 officers, because I didn't know. This information is ...
  • 16-Feb-2012

    Police Officers Suspended Following KU Ticket Investigation By FBI

    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 investigation regarding traffic tickets being fixed ...
  • 6-Feb-2012

    Parking Ticket Appeal

    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 ticket from the city court. However, I recently ...