Client was a passenger in a car stopped for suspicion of DUI. Following driver's arrest for DUI, passenger removed from vehicle and searched for weapons and drugs. Baggy containing marijuana found in his jean pocket. Motion to Suppress the search filed prior to trial to get the search of the passenger suppressed based on a questionable stop of the vehicle. Prosecutor agreed that the stop had legal issues that could make it difficult to prosecute. The charge was amended to a Jay Walking violation and a $100 fine assessed. Client, who had a prior Possession conviction, avoided another conviction, a year supervised probation, periodic drug screens, a fine, and trial fees in the 1000s. I can count on him for future referals.
February 2017
Felony DUI charge amended to a misdemeanor DUI after we successfully challenged the client's prior Missouri DWI convictions. A new Kansas Supreme Court case, State vs. Stanley, ruled that out-of-state DWI statutes must contain similar language to the Kansas statute in order to use the prior conviction against the accused DUI offender. Read On
December 2016
Client charged with Possession of Paraphernalia, a glass smoking pipe, after his admission of ownership while seated in the backseat of a patrol vehicle. Arresting officer failed to read defendant the Miranda warnings prior to asking questions related to the pipe and therefore defendant's admission was not admissible under the Miranda principles. Read On
December 2016
Client charged with Domestic Battery and Destruction of Property. After a bench trial, the court found Defendant Not Guilty of battery but Guilty of damage to property. Effective cross-examination of the witness, including the arresting officer, opened the door for the Not guilty finding. Read On
October 2016
Client charged with driving without having an interlock device in vehicle, facing a 90-day extension of his current restriction/suspension. Charge was dismissed after negotiations with the prosecutor. Read On
October 2016
Client charged with DWI in Missouri in 2005. Despite failing to appear in court for over ten years, the charges were dismissed in October 2016 after client completed an alcohol education class and demonstrated a path of sobriety. There is no statute of limitations in Missouri for criminal charges. Read On
September 2016
Driver with prior felony possession of MJ conviction pleads Guilty to a misdemeanor MJ Possession charge and pays a large fine in lieu of probation and random UA testing. Read On
September 2016
Driver arrested for DWI following routine car stop and blood draw showed BAC over the legal limit. Motion to suppress was filed based on officer's erroneous administration of field sobriety tests, including the HGN, and the motion was granted pre-trial. DWI dismissed and driver's license was not suspended. Read On
August 2016
Driver who refused breath test in Missouri challenged the one-year suspension of his license. At trial, we successfully challenged the officer's training and scoring of my client on the field sobriety tests, namely the horizontal gaze nystagmus (HGN). The failure to properly administer the tests and therefore the inaccurate scoring led to the Judgment in favor of the Driver/Petitioner. Read On
July 2016
Client charged with DUI following a routine traffic stop. Officer requested a PBT (prelim breath test) at the scene but incorrectly advised the driver that she could not refuse the test. We moved for suppression of the PBT and the court agreed the result will not be heard as evidence. Case dismissed for lack of evidence. Read On
February 2016
Client charged with DUI and Possession of Marijuana and after pretrial discussions with the City Prosecutor agreement was reached to dismiss the DUI and drug charge in exchange for a plea of guilty to possession of paraphernalia for a fine of $250. Read On
May 2016
Client's breath test of 0.083% deemed insufficient after offering proof that his level of impairment was under 0.080% (legal limit) when stopped by law enforcement for an alleged lane violation. Initial DWI charge amended to a Lane Violation. Read On
June 2015
Client's felony DUI charge amended to a A misdemeanor after reviewing court documents from one of the prior convictions that raised issues regarding the thoroughness of the Journal Entries--Defendant's signature missing. Client's lack of signature on the Sentencing Documents paved the way for arguing that client was not advised of his various rights, including appeal rights, under the law. Prior conviction therefore not a factor at sentencing. Read On
February 2015
5 under age drinkers caught drinking and playing "beer pong" in a rural field in Kansas. Sheriff deputies called by a neighbor to investigate the source of "loud" music, yet the deputies could barely hear the music from the road and couldn't identify where it came from. After parking on the sid... Read On
Driver charged with driving while suspended following a car stop due to a seat belt violation. Judge ruled in favor of driver following suppression hearing, ruling the stop of car was unreasonable as it was dark at the time and the shoulder strap of the seat belt likely blended in with driver's shirt. Thus, stop of car was illegal. Read On
November 2012
DUI charge dismissed following bench trial as the basis of the stop was ruled unjustified and did not meet the definition for a driver "welfare" stop. Driver was allegedly passed out at McDonald's Drive-thru prior to stop. Officer failed to articulate reasonable suspicion to stop vehicle. Read On
September 2013
Driver stopped after failing to signal lane change as he merged onto highway. Driver performed field-sobriety tests, refused the Preliminary breath test, and was arrested for suspicion of DUI. After reviewing the video, we filed a Motion to Dismiss based on lack of evidence of impairment. Desp... Read On
Mr. McLane´s clients benefit from his experience and reputation of being a respected, professional attorney with a strong work ethic who is committed to successfully resolving every client´s legal challenges in a Timely and Professional manner.
