Blog
Posted on Feb 20, 2012 By Kansas DUI Attorney
The Kansas Supreme Court just recently decided the following case. In their decision, the judges stated that a person cannot be both reckless and intentional. The Court stated, "The mental state ...
Continue reading "According to The Kansas Supreme Court, You Can't Be Both Reckless and Intentional" »
Posted on Feb 17, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Cops Suspended for Ticket Fixing in Exchange for KU Tickets" »
Posted on Feb 16, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Police Officers Suspended Following KU Ticket Investigation By FBI" »
Posted on Feb 13, 2012 By Kansas City DUI Attorney
Drunk Driving Laws are a state issues. As a DUI defense attorney, I am regularly in the County District Courts for the State of Kansas. My legal practice rarely takes me into the federal courts, where ...
Continue reading "Feds Taking Over DUI" »
Posted on Feb 9, 2012 By Kansas DUI Attorney
Check out the folowing video of police attacking a civilian thought to have been drinking and driving. This is another example of somebody having a diabetic episode being mistaken for being drunk. The ...
Continue reading "Diabtetic Man Suspected of DUI Beaten" »
Posted on Feb 7, 2012 By Kansas DUI Attorney
I was watching "Thirty Rock" last night on NetFlix and laughed when one of the characters stated he didn't have a cell phone because "he wasn't going to have a government ...
Continue reading "Supreme Court GPS Case Discussed" »
Posted on Feb 6, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Parking Ticket Appeal" »
Posted on Feb 3, 2012 By Kansas DUI Attorney
As a DUI defense lawyer I have argued numerous different defenses regarding standardized field sobriety testing . I have not however argued this new "big breasts" defense a lady recently ...
Continue reading "Big Breasts a Defense in a DUI Case?" »
Posted on Jan 30, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Breath Test Not Allowed Due To Failure to Comply With KDHE Protocols" »
Posted on Jan 27, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Officers Against Drug War" »
Posted on Jan 27, 2012 By Kansas City DUI Attorney
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 ...
Continue reading "Supreme Court Rules Retrograde Extrapolation Was Prejudicial" »
Posted on Jan 24, 2012 By Kansas DUI Attorney
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 ...
Continue reading "New Supreme Court Case Regarding GPS Devices" »
Posted on Jan 23, 2012 By Kansas City DUI Attorney
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 ...
Continue reading "Supreme Court: warrantless blood draws are generally inadmissible" »
Posted on Jan 19, 2012 By Kansas City DUI Attorney
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 ...
Continue reading "9 DUI Myths" »
Posted on Jan 12, 2012 By Kansas City DUI Attorney
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 ...
Continue reading "Man Dies After Excessive Use of Force In Jail" »
Posted on Jan 9, 2012 By Kansas DUI Attorney
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 ...
Continue reading "Ignition Interlock Legislation" »
Posted on Jan 4, 2012 By Kansas City DUI Attorney
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 ...
Continue reading "Must Show Prejudice" »
Posted on Dec 30, 2011 By Kansas City DUI Attorney
When is a Dog Sniff a Search Under the Fourth? Dog sniffs raise interesting 4th Amendment legal analysis. Regular human senses don't automatically violate the Fourth Amendment. Additionally, the ...
Continue reading "Dog Sniffs and the 4th Amendment" »
Posted on Dec 28, 2011 By Kansas DUI Attorney
The Ottawa County Bar Association and Criminal Defense Attorneys of Michigan and The American Civil Liberties Union of Michigan joined forces today, urging a Michigan Court to dismiss contempt charges ...
Continue reading "Lawyer Jailed For Zealously Representing Client" »
Posted on Dec 22, 2011 By Kansas DUI Attorney
What is jury nullification? It's when the jury acquits the defendant for reasons of their own. It's when the jury pretty much disregards the jury instructions and considers what they think ...
Continue reading "Jury Nullification" »
Posted on Dec 20, 2011 By Kansas DUI Attorney
As a DUI lawyer, the situation often arises regarding what it means to "operate" a vehicle in terms or the Kansas DUI statute, K.S.A. 8-1567. Do you have to actually drive? Not necessarily. ...
Continue reading "Do You Actually Have To Drive To Be Found Guilty Of DUI?" »
Posted on Dec 16, 2011 By Kansas City DUI Attorney
As a criminal defense lawyer, I get extremely frustrated when the prosecutor asks the witness on the stand, "Are you able to identify the person who did this? Please do so." Miraculously, ...
Continue reading "Can You Identify Him? Hint...He's Sitting Next to the Defense Lawyer." »
Posted on Dec 12, 2011 By Kansas City DUI Attorney
While a breath machine may give a correct reading, it doesn't always. The accuracy is not reliable. Furthermore, the relevance is questionable, because the alcohol ratio on your breath does not ...
Continue reading "Are Breath Machines Reliable?" »
Posted on Dec 9, 2011 By Kansas DUI Attorney
Rima Fakih, who was the first Arab American woman to win a Miss USA pageant, was arrested for drunk driving last Saturday. Her defense lawyer, Doraid Elder said that Fakih's record "has not a ...
Continue reading "Former Miss USA Arrested For Drunk Driving" »
Posted on Dec 8, 2011 By Kansas City DUI Attorney
In Bloomington, Illinois, forty-seven year old Willian Dietrich, was sentenced to 20 years in prison for DUI. Apparently, Dietrich has been arrested 11 times in the past for driving under the ...
Continue reading "Man Sentenced to 20 Years for 11th DUI" »