DUI Dismissed in Merriam, KS
September 2013
City of Merriam vs. JS: 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. Despite initial resistance, the prosecutor eventually agreed that the case did not merit prosecution and filed dismissal papers. Driver paid a fine on the lane violation charge and was very satisfied with the result. The driver's license hearing, however, remains pending and based on Kansas law, he could still suffer a suspension of his driver's license despite the dismissal of the criminal charge. The burden of proof shifts to the driver at this hearing to provide compelling evidence that they were not operating under the influence or that the officer lacked probable cause to arrest at the scene. I
Practice area(s): DUI / DWI
Court: Kansas