A lot of cases were put on hold awaiting the Kansas Supreme Court to reconsider their ruling that it was unconstitutional to make it a crime to refuse a test in Kansas. Fortunately, the Supreme Court stuck to their previous ruling and struck down the law. So, cases that were in a holding pattern will now likely get resolved next year. Still, our firm managed to find success in defending DUI cases in 2017.
The following are some of the results we have obtained for clients in DUI cases in 2017. This list only includes DUI cases and not any of the results we have obtained in defending other types of cases. Also, this list only includes DUI cases that resulted in dismissals or acquittals and does not include the favorable results we have obtained for clients that involved resolution by plea or diversion. It is extremely important to remember, though, that past performance does not guarantee or predict future results. Every case is different and each must be judged on its own merits. No expectation of similar results in other cases should be implied by this information.
City of Olathe v. K.V.: Client pulled over for traffic infractions and charged with DUI. Case dismissed before trial.
City of Mission v. V.M.: Client stopped for parking in disabled parking spot. Arrested after field sobriety tests. Blew a .084 at the station. DUI dismissed before trial.
State of Kansas (Johnson County) v. B.B.: Client found sleeping in running car and charged with a felony DUI. Case dismissed after motions were filed.
City of Olathe v. A.K.: Client involved in an altercation at a gas station and charged with a DUI. Case dismissed before trial.
Kansas City, KS v. M.D.: Client was stopped after failing to maintain a single lane, weaving, and driving into oncoming traffic. Defense counsel filed Motions to Suppress and the case was dismissed prior to trial.
City of Overland Park v. T.S.: Client was stopped by law enforcement as he went through a DUI checkpoint. Client was subjected to sobriety testing based upon the Officer’s belief he was under the influence of marijuana. Client exhibited minimal clues on the tests and submitted to a test of his urine which showed the presence of THC metabolites. Client was found not guilty of DUI after a trial to the court resulting in no conviction and no loss of driving privileges.
City of Overland Park v. B.M.: Client was pulled over for having a headlight burnt out. Client admitted to consuming two drinks and had the odor of alcohol on his breath. Client exhibited very minimal clues on the field sobriety testing, but was arrested and blew a .115 on the intoxilyzer. After the filing of a motion to suppress the arrest of the client based upon a lack of probable cause, the court suppressed all evidence of the DUI, leaving only a headlight violation.
City of Overland Park v. J.S.: Client was pulled over after failing to maintain a single lane and making a wide turn. Client refused all testing, but exhibited various other clues of intoxication including the odor of alcohol, unsteadiness, and slurred speech. Case was dismissed after defense counsel intervention.
City of Olathe v. M.S.: Client was found by police officers in a bar parking lot asleep behind the wheel of her vehicle. Client informed the officer that she was sleeping while her phone charged so she could call for a ride. Client was tested and arrested for DUI, transported to the station and blew a .143 on the intoxilyzer. Case was dismissed by prosecution prior to trial after motions were filed by defense counsel.
Kansas City, Ks v. C.B.: Client was asleep behind the wheel of his vehicle in a restaurant parking lot. Officers investigated client for DUI after noticing the odor of alcohol coming from his person and open containers of alcohol in his vehicle. Case was dismissed in its entirety after the intervention of defense counsel.
City of Shawnee v. J.W.: City declined to file charges after client had an accident in a parking lot and submitted a urine test.
City of Edwardsville v. G.W.: Client stopped for speeding and given field sobriety tests. After a conviction in municipal court, the case was appealed and DUI dismissed before trial.
Prairie Village v. P.C.: Client stopped for leaving lane and given field sobriety tests. Case dismissed at trial.
City of Overland Park v. B.S.: Client stopped for running a stop sign and failure to yield. After field sobriety tests and blowing a .158, case dismissed at trial.
State of Kansas (Wyandotte County) v. J.R.: Client involved in an accident on I-70 and field sobriety tests requested. At the jail, he blew a .159. Case dismissed after motions filed and litigated.
City of Edwardsville v. J.L.: Client stopped by police and arrested for DUI. Case dismissed prior to trial.
State of Kansas (Wyandotte County) v. N.R.: DUI dismissed and client convicted of Refusal of a Test. Conviction reversed in Court of Appeals.
State of Kansas (Johnson County) v. N.S.: Client stopped for speeding on K-10. Arrested after field sobriety tests. Blew a .108 at the jail. DUI dismissed after motions filed.
City of Mission v. S.G.: Client stopped for speeding on I-35. Failed field sobriety tests and consented to a blood draw. The result was .180. DUI dismissed prior to trial.
State of Kansas (Johnson County) v. B.R.: DUI dismissed after motions.
City of Paola v. M.P.: Client stopped for weaving on highway. Failed field sobriety tests and refused a breath test. DUI dismissed after motion filed.
State of Kansas (Johnson County) v. J.B.: Client stopped in checklane and given field sobriety tests. DUI dismissed.
State of Kansas (Johnson County) v. N.R.: Client stopped for speeding and failed field sobriety tests. Blew a .131 at the station. Felony DUI dismissed after motions filed.