Marijuana Possession Charge amended to Jay Walking


DUI Dismissed due to Probable Cause Issues

November 2012

Driver stopped for not signaling lane change in a round-about intersection in Johnson County and charged with DUI.  FACTS:  Officer received prior tip that driver had "fallen asleep" in a McDonald's Drive-thru late at night.  Driver "came to" and had driven off before officer's arrived on scene.  Prior to trial, we filed a Motion to Suppress based on a bad stop.  Before trial, the prosecutor dismissed the Failure to Signal violation since a turn signal is NOT required at round-about intersections (these are common in western JOCO and can be confusing for some).  However, the DUI charge remained on the trial docket as the prosecutor refused to dismiss.  STRATEGY: file Motion to Suppress evidence arguing the stop was illegal as NO probable cause existed to stop driver at Round-About intersectin.  TRIAL: the arresting officer testifIed that he conducted a "welfare" stop on the driver based on the report from the McDonald's employee that she "saw driver passed out in Drive-Thru."  This eye-witness  was not present at trial.  Trial court allowed officer's testimony regarding his discussion with the employee despite "hearsay" objections (out of court statement made by declarant to prove the truth of the matter asserted, ie that driver was 'passed out' in drive-thru).  Trial Court ruled the stop was illegal as there was no probable cause to stop vehicle based on the eye witness testimony alone.  The officer did not observe bad driving and the driver did not indicate he was in need of help while en route to his house.  Thus, the "public welfare" exception to warrantless searches did NOT apply.  DUI charge dismissed.  NOTE: client would have lost his CDL (Commercial Driver's License) for life if convicted.

Practice area(s): Corporate / Incorporation

Court: Olathe Municipal

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.

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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