Posted by Matt McLane | Mar 28, 2014 |
Recently, Kansas City police arrested 14 drivers for DUI (driving under the influence) at a sobriety checkpoint in the 600 block of Prospect Avenue. Along with those 14 DUI arrests, there were an additional six arrests for driving with a suspended or revoked license, two arrests for moving violations and another eight related to traffic violations.
Posted by Matt McLane | Mar 24, 2014 |
There are some things that we just need to fight for here in Kansas. One of them is our right to privacy. Right now, Congress is considering a bill known as the E-mail Privacy Act. This Act, referred to as HR 1852, was created by both Republicans and Democrats and would update the Electronic Communications Privacy Act (ECPA).
Posted by Matt McLane | Mar 21, 2014 |
One topic that gets brought up quite a bit is whether kids should be susceptible to drug testing in Kansas schools. Currently, children at both secondary and elementary schools can be asked to partake in drug tests. This is based on two separate opinions by the United States Supreme Court. In general, these two opinions state that secondary and elementary school students can be drug tested when they are involved in sports or other extra curricular activities (Vernonia School Dist. 47J v. Acton and Board of Education v. Earls).
Posted by Matt McLane | Mar 18, 2014 |
In approximately 20 states, an individual is legally permitted to possess and use marijuana for limited, medical purposes. Currently, neither Kansas nor Missouri permit the use of medical marijuana, but a concern arises when a resident of another state comes to either Kansas or Missouri and is found to have the drug for medical reasons.
Posted by Matt McLane | Mar 11, 2014 |
Recently, there has been news about Missouri passing a law that would legalize marijuana. A bill was filed by Rep. Chris Kelly (D-Columbia) that would permit state marijuana users to possess and transport up to one pound of the drug, a pound of hashish, and more than a half-gallon of hashish oil without needing to obtain a license.
Posted by Matt McLane | Mar 06, 2014 |
Using profanity towards an officer and even "flipping off" law enforcement is considered protected speech and cannot be the basis for a Disorderly Conduct charge.
Posted by Matt McLane | Feb 27, 2014 |
We have all seen the images - a person blowing into a breathalyzer after getting stopped by police or, maybe even someone getting their blood drawn in order for the officer to determine the driver’s BAC. Many people assume that if you get pulled over by Kansas law enforcement under the suspicion of drunk driving, that you must submit to these types of tests. That’s just not true.
Posted by Matt McLane | Feb 20, 2014 |
Over the last few months, there has been a lot of news about recent issues related to blood samples and DUI testing. Specifically, samples have been compromised and have caused innocent people to be convicted of DUI and face a long list of associated penalties.
Posted by Matt McLane | Feb 18, 2014 |
Everybody knows that feeling. That uneasy feeling you get when you see a police car in your rearview mirror. Then, the officer’s lights start flashing and you realize that you are getting pulled over. You start to feel anxious and maybe even begin to panic a little bit. Many people start feeling this way even when they have done absolutely nothing wrong.
Posted by Matt McLane | Feb 13, 2014 |
Earlier this month, the Kansas Court of Appeals set an important precedent related to the state’s implied consent law. The law says that any person who operates a vehicle in Kansas has been deemed to have given consent to a chemical test of breath, blood, or urine. This law had generally been construed pretty broadly, but the recent case of State v. Declerck has drawn a critical line in the sand.
Posted by Matt McLane | Feb 12, 2014 |
Officers in both Kansas and Missouri tend to rely on three main field sobriety tests in order to help evaluate a driver’s level of impairment. If you are stopped by law enforcement in either state, you will likely be asked to perform one or more of the following: One-Leg Stand, Walk and Turn, or HGN.
Posted by Matt McLane | Jan 24, 2014 |
Each state has different laws related to DWI and what happens when you refuse to submit to various tests requested by law enforcement. These penalties are typically pretty rough. However, Missouri provides for a unique opportunity if specific factors have been met.
Posted by Matt McLane | Jan 17, 2014 |
According to the National Conference of State Legislatures (NCSL), there are currently 41 states that ban text messaging for all drivers. Further, 12 states prohibit all drivers from using hand-held cell phones at all.
Posted by Matt McLane | Dec 11, 2013 |
All drivers suspended for DUI in Kansas can apply for and receive a restricted Permit allowing for driving under limited conditions. On a breath test failure, the waiting period is 45 days and the required length of the interlock depends on the breath test results; For instance, a test of .15% ...
Posted by Matt McLane | Oct 31, 2013 |
In Kansas, evidence of a driver's refusal to take the PBT (hand-held device offered in the field) cannot be used to prove that the driver is Guilty of DUI; the refusal equates to a traffic infraction and a fine only. K.S.A. 8-1012; the statute makes clear, however, that such refusal constitutes ...
Posted by Matt McLane | Oct 29, 2013 |
Field Sobriety Testing (FST) administration or refusal is one of the thorniest issues any DUI suspect faces. One must balance submitting to the tests against the introduction of "consciousness of guilt" evidence if one refuses. My advice to clients is to take the tests only if the instruction pha...
Posted by Matt McLane | May 17, 2013 |
The modern history of the Fourth Amendment often seems to be a search for loopholes: when does the guarantee of individual privacy not apply? Fourth Amendment rights, like all constitutional rights, are not absolute, but the very wording of that Amendment lends itself to exceptions, and the Supreme Court spends much time defining those.
Posted by Matt McLane | May 17, 2013 |
This is one of the testimonials received from our client about his experience with us helping him for his dui case, the testimonial was titled “DUI Help in Overland Park KS” it made us feel that we are just not providing legal assistance we are actually helping people in legal fight and fight for their rights.
Posted by Matt McLane | May 17, 2013 |
I recently challenged a DUI stop under the Kansas “basic speed rule” (K.S.A. 8-1557) whereby law enforcement may stop a driver for speeding based soley on the officer’s opinion and experience in estimating speeds without the use of radar.
Posted by Matt McLane | May 17, 2013 |
Kansas City police and Jackson County Sheriff’s deputies arrested 17 persons on charges of driving under the influence in a sobriety checkpoint overnight at 634 Prospect Ave.
Posted by Matt McLane | May 17, 2013 |
(Olathe, Ks.) – The Olathe Kansas Police Department, along with many other police agencies across the state, including the Kansas Highway Patrol, will be participating in the Kansas Thanksgiving Traffic Enforcement Campaign, from Monday, November 19 through Sunday, November 25.
Posted by Matt McLane | May 17, 2013 |
Some of my DUI cases result in my client getting diversion when 2 things occur: 1) the evidence does not support taking the case to trial; and 2) they are first-time offenders and were cooperative with law enforcement; The typical diversion involves a diversion fee of approximately $1000 and a one-year “supervised” probation, indicating that alcohol classes and random UA’s will be required.
Posted by Matt McLane | May 17, 2013 |
A new Kansas law allows suspended drivers to install ignition interlock devices (IID) in their vehicles in order to drive on a restricted basis during the initial suspension period. A minimum 45 days must be served on suspension before the DMV will issue a Permit.
Posted by Matt McLane | May 17, 2013 |
As you all start the NYE weekend early, remember that KS laws penalize drivers who blow over 0.15% much harsher than a sub .15 test; The difference? try 1 year suspension vs. 30 days.
Posted by Matt McLane | May 17, 2013 |
Many people ask whether prior DUI convictions or diversions can be expunged from their record. Until July 2011, the answer was NO per K.S.A. 21-4619(c)(21); Senate Bill 6 now allows for expungements after 10 years.