Marijuana Possession Charge amended to Jay Walking


DUI Dismissed Following Suppression of the PBT

July 2016

City of Eudora vs. AB: Client charged with speeding and DUI following a traffic stop on a rural highway.  Client performed field testing at the scene and submitted a breath test on the Preliminary Breath Test (aka "PBT"), the hand held device often used by officers during a DUI investigation.  Following the PBT, client was arrested and charged with DUI.  Client performed exceptionally well on the one-leg stand and walk-and-turn field tests, but the PBT result was slightly over the legal limit.  Prior to the PBT, however, arresting officer told driver "you have no right to refuse this test" before giving her the three required "warnings" required by law.  The officer's error was identical to the mistake the officer made in State v. Edgar, in which the Supreme Court ruled the arresting officer had misinformed the driver of his right to refuse the PBT and therefore a suppression of the test result was required. Following a suppression hearing on the PBT result, the Court ruled the result would be suppressed in accord with Kansas case laws.  Following plea negotiations, the prosecutor agreed that the driver had performed well enough on the two field tests to warrant a dismissal for a lack of reasonable suspicion to arrest.  DUI Charge dismissed. Guilty plea to the speeding ticket. Client kept her license as a result.      

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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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.

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