Posts Tagged ‘Kansas City DUI attorneys’

Defense Strategy – Discovering Police Procedural Errors

Sunday, June 26th, 2011

These are just a few of the mistakes that a police officer may make during an initial or DUI arrest that may form the basis for a valid defense and strengthen your case. An experienced Kansas City DUI attorney will be familiar with these defense strategies and can use this information to negotiate a reduction in charges or to seek acquittal at trial.  If you have been arrested for DUI, you should seek an experienced Kansas City DUI defense attorney who will work to protect your rights and your freedom.

1. Making a roadside stop based on an anonymous phone tip.

If the arresting police officer did not witness you driving the auto in a dangerous manor himself, the witness will be required to appear in court to testify as to what they saw and reported to police.

2. Arrest based mostly or entirely on your statements.

The state prosecutor must be able to prove, with eye witness testimony, that you had been driving under the influence (DUI).

3. Stop without probable cause.

There must be a legitimate reason for you to be pulled over by police.  The officer must explain in detail what illegal activity the officer suspected you to be doing necessitating the stop.

4. Pulling you over for driving too slow or stopping in the middle of the road.

These are not unlawful or are legitimate reasons for a road stop.

5. Weaving within a lane.

6. Administering the field sobriety tests incorrectly.8. Administering the one-legged stand test incorrectly.

7.  Administering Field Sobriety tests to someone who is not a candidate to take these tests.

Someone with medical conditions, like a foot or back problem should not take the field test.

Call us today if you have been arrested for a DUI in Kansas City. We can help, call today.

Kansas City DUI Attorney Discusses – DUI For Not Driving? Misguided DUI Enforcement

Monday, May 9th, 2011

Many people presume that they cannot be arrested for DUI if they are not driving.¬† This is a common sense reasonable assumption as the offense is actually called ‚Äúdriving under the influence‚ÄĚ?¬† However, the law does not specifically require that the vehicle be moving or even that the motor of one‚Äôs vehicle be running.¬† Kansas DUI law uses a vaguer term and imposes liability if a driver is in ‚Äúcontrol‚ÄĚ of the vehicle.¬† Control may be interpreted much broader than actually traveling along the roadway in a vehicle or even having the engine running.

It is possible to be arrested for DUI in Kansas even if you all you are doing is sitting in the car in a parking lot with the AC trying to stay cool or pulling over to sleep it off because you believe that it is not safe for you to drive.  Even if the ignition is turned off, it is still conceivable that you can be arrested for DUI, especially if the keys are in the ignition.  The wisdom of such zealous enforcement of Kansas DUI law can certainly be questioned because this approach effectively punishes drivers for making a decision not to drive if they are intoxicated.

Laws do not exist in a vacuum but are tied to public policy objectives.  In the case of Kansas DUI law, the purpose of the law is to discourage driving while intoxicated because it increases the likelihood of alcohol related auto accidents that result in a high number of injuries and fatalities.  The question one should ask is how is this policy served by citing someone who has made a decision not to drive.  Regardless, the statute permits a person to be prosecuted for DUI if the driver is in control of the vehicle.  Someone who is in the passenger seat with the keys in the ignition or readily accessible may be found to meet this requirement.

This means that if you have been drinking and believe it is not safe to drive, you should take certain steps to avoid a misguided DUI arrest.  The first option is to remain in the parking lot of the establishment as opposed to pulling over and parking on the side of the road.  This is basically a practical consideration because there is a higher probability that an officer will stop and inquire of you if you are parked on the side of a highway or a city street.  You should also sleep in the back seat of the vehicle and place the keys to the vehicle in the glove compartment or otherwise out of your reach so that it is clear that you do not have ready access to control of the vehicle.

The other reason to remain in a parking lot or off the roadway if you decide to pull over and sleep it off is that you may avoid giving an officer probable cause.  If you are laying down in the backseat of the vehicle, you are not visible so it looks like the car is simply parked in a parking lot.  If a passerby notices you sleeping in the vehicle or an officer happens to drive by and notices you sleeping in the vehicle, this still could be a problem.  However, if you are parked on the side of the road, Kansas courts have upheld the right of an officer to stop and inquire of a driver of an apparently disabled vehicle in this situation.  If the officer when inquiring smells alcohol or notices other commonly sited signs of intoxication including watery bloodshot eyes, slurred speech or the like, the officer may then initiate a DUI investigation and ask you to perform field sobriety tests and/or breath testing.  This may ultimately lead to your DUI arrest.

If you find yourself arrested for DUI in Kansas, you may face very serious penalties.  Our Kansas City DUI attorneys at The DUI Clinic of Hottman and Associates represents those charged with DUI offenses in Kansas and Missouri.  We have been successfully representing those charged with DUI in Kansas City for over 15 years.  Contact us today to see how we can help at 888-4-DUI-CLINIC.