Sedgwick County Judge Strikes Down Kansas Criminal Breath-Test Refusal Statute as Unconstitutional

Posted by Matt McLane | Nov 14, 2014 | 0 Comments

On November 7, 2014, a Sedgwick County Judge ruled the KS criminal "refusal" statute, K.S.A. 8-1025, was unconstitutional, stating the statute "expressly deprives offenders of Fifth Amendment procedural safeguards and forces them to give up their Fourth Amendment rights against warrantless searches absent freely-given consent.  It ensnares those who properly refused to blow in years past consistent with their constitutional right to withdraw consent without criminal retribution." The law as written places drivers "between a rock and a hardplace": you are damned if you do (blow), damned if you don't.   The Supreme Court will eventually decide the issue, but in the meantime, this is a victory for citizens in their exercise of constitutional rights.

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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.


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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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