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--DUI Online Law Resources for the State of Kansas

KANSAS STATUTE DATABASE

KANSAS APPEALS AND SUPREME COURT OPINION DATABASE

Please Note: ALTHOUGH tHE FOLLOWING KANSAS SUPREME AND APPELLATE COURT OPINIONS ARE RECENT HOLDINGS, THEY ARE NOT NECESSARILY CONTROLLING LAW. THEY ARE LISTED HERE MERELY TO GIVE THE READER AN IDEA OF HOW KANSAS COURTS HAVE RULED IN PAST DECISIONS. IT IS THEREFORE IMPORTANT THAT ONE NOT BASE FUTURE ACTION ON THE HOLDINGS IN THESE OPINIONS WITHOUT FIRST CONSULTING AN ATTORNEY DULY LICENSED IN YOUR JURISDICTION.

STATE V. SEEMS, NO. 89,114 (kan. sup. ct. 2004) NEW PRECEDENT-SETTING OPINION!!!!! The State must present evidence of prior convictions at the preliminary hearing for a defendant to be bound over for felony DUI prosecution.

STATE V. KRALIK, NO. 89,921 (Kan. Ct. App. 2003) When challenged by the defense, the State must provide adequate proof of prior convictions to prosecute and sentence a defendant under the felony DUI portion of K.S.A. 8-1567, such as a certified abstract of conviction. If unable to do so, the conviction will be under the misdemeanor provisions.

STATE V. GRAY, NO. 83,430 (Kan. Sup. Ct. 2001) A suspect may rescind a refusal to submit to a blood or breath test within a reasonable time, defined as within a time period where the results of said test would accurately reflect the BAC of the defendant at the time of driving or a reasonable time thereafter (i.e., the result is admissible as evidence of drunk driving). Such a refusal may not be used against a defendant and should therefore be suppressed.

STATE V. BISHOP, 264 KAN. 717 (1998) Failure to provide an interpreter for a deaf suspect does no render an otherwise properly administered implied consent warning invalid.

CAMPBELL v. KANSAS DEPT. OF REV., No. 78,110 (Kan. Ct. App. 1998) Probable cause to arrest is that quantum of evidence that would lead a reasonably prudent police officer to believe that guilt is more than a mere possibility.

STATE v. JACKSON, 24 KAN. APP. 2D 38 (1997) Constitutional rules applicable to DUI checklanes stated and applied. As long as the proper balance in struck between public safety and due process protections, such checklanes are permissible.

STATE v. HAMMAN, NO. 86,509 (Kan. Sup. Ct. 2002) As stated in case syllabus paragraph number 3, "A civil or criminal infraction is not always essential to justify a vehicle stop. Safety reasons alone may justify the stop if the safety reasons are based upon specific and articulable facts."