Archive for January, 2011

Kansas City DUI/DWI Defense Strategy – Challenging the Legal Basis for Stop in Kansas and Missouri

Saturday, January 29th, 2011

Legal Basis for Stop: A police officer cannot stop you without “reasonable suspicion” based on specific facts. The stop cannot be arbitrary or simply based on a hunch. The officer must either stop you because you are observed violating a law or because the officer has reasonable suspicion that a violation of law is being committed. An officer may stop you because he observes you violate a law that suggests you are intoxicated or for a completely unrelated violation of law.

If you are stopped for having a taillight out, the question will arise whether the officer can articulate specific observations during the stop that provided the officer with reasonable suspicion that you were driving under the influence, such as, red watery eyes, slurred speech, an admission that you had been drinking or slurred speech. These observations may provide the officer a reasonable suspicion of DUI so that he may request that you perform field sobriety tests.

If you are pulled over for weaving between lanes, and the officer simply smells the odor of alcohol, these facts taken together may be sufficient to meet the reasonable suspicion requirement. If the officer cannot articulate specific facts that explain the officer’s basis for stopping you or requesting field sobriety tests, an experienced DUI defense attorney may use this to have your case dismissed or the charges reduced.

A Law Firm Focusing on DUI Defense

The DUI Clinic is committed to defending people who have been charged with a DUI offense. Our lawyers have represented people in the entire Kansas City metro area and throughout the states of Kansas and Missouri for more than more than 15 years. Our extensive knowledge of these states’ laws concerning DUI charges and DUI defense has allowed us to seek positive resolutions for countless clients.

Contact The DUI Clinic by calling us at 913-262-4444, toll free at 888-4-DUI-CLINIC.

Defense Strategies in a DUI Case Arising Out of Mistakes during the Arrest Process in Kansas City

Sunday, January 2nd, 2011

If you have been drinking, a DUI stop can be a stressful and disheartening experience. However, an experienced DUI defense attorney may employ a number of defense strategies that can be used effectively to seek a reduction or complete dismissal of the charges. Many of these defenses may be based on mistakes by the officer during your DUI stop and the subsequent arrest process. These are effective defense strategies that may keep you out of jail and allow you to avoid the serious consequences of a DUI conviction. An experienced DUI defense attorney may challenge the proper administration of sobriety tests, chemical tests, probable cause and search and seizure procedures. Mistakes by the officer in the mechanical or procedural aspects of your initial stop or subsequent arrest can form the basis of a successful DUI defense.

A Law Firm Focusing on DUI Defense

The DUI Clinic is committed to defending people who have been charged with a DUI offense. Our Kansas DUI defense attorney and Missouri DWI defense attorney have represented people in the entire Kansas City metro area and throughout the states of Kansas and Missouri for more than more than 15 years. Our extensive knowledge of these states’ laws concerning DUI charges and DUI defense has allowed us to seek positive resolutions for countless clients.

We invite you to review the profile of our principal Kansas City DUI attorney, Todd Hottman, by following the link below.

Contact The DUI Clinic by calling us at 913-262-4444, toll free at 888-4-DUI-CLINIC, or send us an e-mail.