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How to Beat a Kansas or Missouri Drunk Driving Charge
NO EVIDENCE OF BEING UNDER THE INFLUENCE – Mere observation of the defendant driving or the admission to driving, without more, does not prove driving under the influence.
NO EVIDENCE OF OPERATING A VEHICLE – Mere observation of the defendant drinking and/or being intoxicated, is not enough.
POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving.
WEAVING INSIDE THE LANES – recent Kansas case law articulates that cars are not trains driving on a railway and that some weaving is perfectly normal.
NO LEGAL REASON TO PULL YOU OVER. The Constitution ensures that we are to be free from unreasonable searches and seizures. This 4th Amendment issue can lead to your stop being suppressed.
ANONYMOUS REPORTS – there is a possible suppression issue if you were stopped due to some unreliable anonymous report.
IMPORPER STANDARD FIELD SOBRIETY TESTING – the NHTSA manual itself says that if there were deviations during the testing, the results are compromised.
USE OF NON-STANDARDIZED FIELD TESTS – Some of the tests which you may have had to take are not even admissible at trial.
INACCURATE BREATH TESTING – One breath test alone is unreliable and subject to various inaccuracies and a variance as much s +/- 12.5%
IN CAR VIDEOS AND BOOKING STATION VIDEOS – many times the video has shown that what happened is NOT as the police officer testified. I have had amazing videos which have greatly helped our clients where it shows the officer doing things which are completely against protocol.
UNLICENSED UNCERTIFIED BREATH TEST OPERATOR – Kansas requires that a Breath Test Operator be trained and the machine to be certified. Sometimes this isn’t followed by the officer.
BREATHALYZER (INTOXILYZER 8000/5000) MALFUNCTION – The KDHE notes that the machine makes mistakes and the officer is to follow certain instructions when these errors occur.
FAILURE TO MIRANDIZE – Prosecutors may not use at trial evidence gained after the person was in custody when the person was not properly Mirandized.
FIELD SOBRIETY TESTS IMPROPERLY ADMINISTERED – Pursuant to the NHTSA manual, improperly administered field test results are compromised.
PORTABLE BREATH TEST INADMISSIBLE – Kansas prohibits the use of PBT results as evidence at trial for the DUI charge.
PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – While not admissible at trial, the PBT may need to be suppressed to keep out the later intoxilyzer results.
FAILURE TO CONDUCT OBSERVATION PERIOD – Kansas requiresthat a driver be observed continuously for a minimum of twenty minutesbefore the Intoxilyzer is to be administered.
EXPERT WITNESSES – you may need to hire and expert toxicologist or retired dui police officer to testify about your case.
MEDICAL AND HEALTH PROBLEMS – Medical problems can affect the results of field sobriety tests as well as intoxilyzer issues.
BAD WEATHER – Bad weather can explain why a person did poorly on the FST’s.
INTERFERING SUBSTANCES – Many items contain different forms of alcohol, which may cause false readings, such as false teeth, mouth spray, paints, etc.
DUI Attorney: Contact an experienced criminal defense lawyer now to evaulate the charge against you of drunk driving under the influence of drugs or alcohol.
