Marijuana Possession Charge amended to Jay Walking


Marijuana Possession Dismissed for bad car stop

May 2017

Client charged with Possession of Marijuana as a passenger in a car stopped for an alleged "defective blinker."  The blinker was "rapidly flashing" due to a bulb being burned out, but the blinker still functioned to alert other motorists of intent to turn.  Following the car stop, the officer searched the vehicle after detecting odor of marijuana.  My client, as the front seat passenger, was charged with Possession of Marijuana.  The city prosecutor agreed to dismiss the charge after we submitted case law indicating that the turn signal in this case was legal as it clearly indicated to other motorists of the driver's intent to turn.  A rapid flashing signal met the statutory requirement for notice to turn, and since the driver met the 100 feet minimum requirement for use of turn signal prior to turning, then no violation of the law occurred.  Thus, the search of the car was illegal as there was no legal basis to stop the car. Case dismissed.

Practice area(s): Criminal Defense

Court: Lenexa

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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