Aggravated Assault with a deadly weapon

Posted by Matt McLane | Jun 28, 2017 | 0 Comments

Aggravated Assault is serious charge that generally involves the use of or display of a deadly weapon. The threshold question is whether the action caused another to be placed in fear or threat of injury. The facts of the case will be examined to determine whether the alleged victim's fear or claim of threat was reasonable. The accused no longer enjoys the presumption of probation under the Kansas sentencing guidelines when a deadly weapon is involved in the incident.

NO Proof of Insurance Diversion

Posted by Matt McLane | Jun 28, 2017 | 0 Comments

A no insurance ticket will result if you fail to maintain coverage at all times. A diversion process is an option for first time offenders in most, but not all, courts. Diversion is ideal as it allows you to avoid a conviction on your records but requires that you maintain a policy for at least 6 months. If you can afford a cell phone plan, you can afford a minimum coverage policy.

Minor In Possession of Alcohol (MIP)

Posted by Matt McLane | Jun 28, 2017 | 0 Comments

MIP (minor in possession) is a very common charge issued to even the finest and most gifted students. Law enforcement usually either sees the minor holding a beer or alcoholic drink, or demands an admission of consumption from the minor. A PBT device is often used at the scene for detecting alcohol on the breath, and courts will allow testimony by the officer of the use and results from PBT testing. While the PBT is not conclusive proof of consumption, it is considered persuasive. A diversion of the charge is frequently pursued by minors in order to avoid prosecution and suspension of their license. A conviction will trigger a 30-day suspension on a first offense under Kansas law.

Alcohol Diversion Revocations

Posted by Matt McLane | May 19, 2017 | 0 Comments

A violation of a diversion agreement will cause a revocation to be filed and a court hearing set to determine the issues outlined in the notice. The best course of action to maintain the agreement is to propose additional sanctions, such as the Weekend Intervention Program, in lieu of a revocation. In the end the defendant keeps his or her diversion in place while serving additional penalties like the WIP program or similar "in custody" program.

Drinking while on bond for DUI arrest

Posted by Matt McLane | Feb 08, 2017 | 0 Comments

Pre-trial bond conditions following a DUI arrest generally requires NO drinking and NO drug use. The use of alcohol could affect your ability to get diversion and could increase the requirements for diversion, including the completion of the Weekend Intervention Program, a 48-hour alcohol treatment class.

Prior DUI convictions from other states may not count as "prior offenses" in Kansas

Posted by Matt McLane | Nov 23, 2016 | 0 Comments

Prior Missouri DWI convictions will NOT be considered during sentencing on Kansas DUI convictions according to the recent Supreme Court case State v. Stanley. The Kansas DUI statute, 8-1567, is more narrow in its definition of "impairment" than the Missouri statute and therefore Kansas courts should not consider a Missouri conviction as a prior offense.

Kansas Expungments

Posted by Matt McLane | Oct 13, 2016 | 0 Comments

Expungements of certain traffic and DUI convictions and/or diversions are allowed under Kansas law after a specified waiting period has been met.

Anonymous Tips

Posted by Matt McLane | Jan 27, 2015 | 0 Comments

Tips called in by the public play a critical role in the investigation and prosecution of DUI arrests. Kansas courts will consider the quality of the tip when determining the legality of the stop based on a tip.

Should Georgia Cop-Killer Andrew Brannen's mental condition be considered in his Clemency Hearing?

Posted by Matt McLane | Jan 07, 2015 | 0 Comments

Decorated Vietnam Veteran Brannan, who suffered from PTSD and bi-polar disorder, set to be executed for the 1998 killing of a Georgia deputy during a routine traffic stop. Parole Board will determine whether to grant clemency to Brannan after considering his leadership actions while in combat; his subsequent diagnosis of mental illness; and the vicious nature of the killing of the deputy.

Trial De Novo for License Suspension in Missouri

Posted by Matt McLane | Nov 18, 2014 | 0 Comments

Missouri courts allow drivers who lose the initial "telephone" hearing  to contest the suspension in the circuit court where the arrest occurred.  This is a called a De Novo review under Missouri statute 302.535.  The burden of proof falls on the state to prove the driver was driving with a blood...

Roadside Breath testing for Marijuana

Posted by Matt McLane | Jun 19, 2014 | 0 Comments

A roadside breath test for marijuana is in the works according to a recent article in the High Times.  The device, similar in construct to the portable device that tests for alcohol (PBT), was developed by a retired Canadian drug enforcement agent who believes the fear of pr...

Road map for MIP charges

Posted by Matt McLane | Mar 31, 2014 | 0 Comments

In Kansas, high school students frequently attend house parties and find themselves charged for Minor In Possession (MIP). Since no forward thinking student wants an MIP conviction on their record, most will take advantage of the court's diversion program.

Kansas City DUI Checkpoint Gets 14 Arrests

Posted by Matt McLane | Mar 28, 2014 | 0 Comments

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.

What is HR 1852?

Posted by Matt McLane | Mar 24, 2014 | 0 Comments

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).

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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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