On December 22, 2017, the Kansas Court of Appeals declared that the crime of Refusal of a Preliminary Breath Test, as set out in KSA 8-1012, was unconstitutional in a case called State of Kansas v. Michael Robinson (Case No. 116,872). A preliminary b
…
2017 Kansas DUI Case Results A lot of cases were put on hold awaiting the Kansas Supreme Court to reconsider their 2016 ruling that it was unconstitutional to make it a crime to refuse a test in Kansas. Fortunately, the Supreme Court stuck to their p
…
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
…
I was interviewed recently for an article about the cost vs. benefit of hiring an attorney for a DUI case. The article discusses the effect of a DUI on insurance as well as what attorneys cost to represent someone on a DUI. From the subtitle, “
…
A man in California was pulled over for “cutting off” an agent of the California Alcohol Beverage Control in August of 2015. That agent developed an opinion, no doubt using his extensive training and experience, that the driver was DUI. H
…
A recent article in the Denver Post details the discovery by DUI defense attorneys in Colorado that hundreds of “certifications” of Intoxilyzer 9000 machines have been forged. The Colorado state health lab is supposed to calibrate and tes
…
The short answer is: Yes. However, the more complete question is whether you can be arrested and charged with a DUI in Kansas if you weren’t actually operating the vehicle. Under Kansas law, a DUI is defined as operating or attempting to operat
…
