Recent Posts in DUI Category

Whether Or Not To Take The Stand

Whether or not the defendant should take the stand in their trial is a tough decision. It is inevitably the decision of the defendant. It is not the court’s decision or the lawyer’s ...
Continue reading "Whether Or Not To Take The Stand" »

Driving Under the Influence of Drugs

In Kansas, the laws which govern driving under the influence (DUI) prohibit the use of drugs other than just alcohol. Many people may not know that a driver may be guilty of DUI for operating a ...
Continue reading "Driving Under the Influence of Drugs" »

Criminalize DUI Test Refusal - US Supreme Court vs Kansas Supreme Court

A few years ago, the Kansas legislature made it a criminal act to refuse to take a chemical test during a DUI investigation. As a criminal defense attorney, I immediately thought it was an ...
Continue reading "Criminalize DUI Test Refusal - US Supreme Court vs Kansas Supreme Court" »

Push For PBT

There are usually two separate breath tests used in a Kansas DUI investigation. One is the PBT and the other is the Intoxilyzer. The PBT test is the small portable breath test taken out in the street ...
Continue reading "Push For PBT" »

Trial Tax

Assistant District Attorneys, Federal Prosecutors, and City prosecutors are known for threatening harsher sentences if a plea is not entered. This doesn't happen all the time, but it is not ...
Continue reading "Trial Tax" »

Prosecuting Attorney Plead Guilty to DUI

A few years ago, I defended someone is Western Kansas in a highly contested second time DUI trial. One of the prosecuting lawyers was Scott James. It was so ironic to learn recently that Mr. James ...
Continue reading "Prosecuting Attorney Plead Guilty to DUI" »

Two Women Sue State Troopers Over Drunk Driving Investigation Gone Too Far

Twenty four year old, Ashley Dobbs, and her thirty eight year old aunt, Angel Dobbs, are suing Texas state Troopers Kelley Hellerson and David Farrell in federal court. Allegedly, on July 13, 2012, ...
Continue reading "Two Women Sue State Troopers Over Drunk Driving Investigation Gone Too Far" »

Evidence of Refusal To Take SFST Allowed Drunk Driving Case

Under the U.S. Constitution, you have a 5 th Amendment right to refuse the SFSTs in criminal DUI's correct? Wrong. The courts have deemed these "tests" as non-testimonial. However, ...
Continue reading "Evidence of Refusal To Take SFST Allowed Drunk Driving Case" »

K.S.A. 8-1522 and 8-1514

As a criminal defense lawyer I love the cases that discuss how cars on not trains on rails. Therefore, some level of weaving is perfectly acceptable. As a DUI defense attorney, I cannot tell you how ...
Continue reading "K.S.A. 8-1522 and 8-1514" »
Internet Marketing Experts

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.