The Kansas Legislature recently passed a bill that broadens prosecutors’ charging options when DUI results in an injury accident. The bill, known as the “Aggravated DUI Bill,” passed unanimously in the House and the Senate, and it is on its way to the Governor to be signed into law. The “Aggravated DUI Bill” allows prosecutors […]
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More often than you might think, I get a call from someone who has been arrested for DUI even though he was not driving. In Kansas, you can be charged with DUI for operating or attempting to operate a vehicle. Operating a vehicle under the influence means driving — it requires actual movement of the […]
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I have represented people charged with DUI for well over a decade. I can count on my fingers the number of times in which I have suggested that a client should not request a hearing to challenge the suspension of his or her driver’s license. Those cases involved extremely unique circumstances. In almost every case, […]
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(HERINGTON, Kan.) A drunk driving accident leaves a Herington man with only one leg and a lot of frustration with the law. “The fact that it’s a simple slap on the wrist really aggravates me!,” said Donnie Warren. Kansas State legislators are looking at changing that. But it’s too late to change anything for Warren. […]
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A diversion is an agreement with the prosecutor in which the prosecutor agrees to dismiss your case if you complete certain requirements. The requirements usually include paying a diversion fee and court costs, obtaining an alcohol evaluation and following the evaluator’s recommendations, and not committing any other crimes. If you comply with the requirements for […]
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The National Highway Traffic Safety Administration has adopted standardized field sobriety tests (“SFTS”) that may produce reliable indications of intoxication. But they are only reliable if police administer the tests correctly. The three SFTS tests and the “clues” that law enforcement officers look for are based on the premise that intoxicated drivers cannot effectively divide […]
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