In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffic stop is unconstitutional. The court found that it violates the 4th Amendment to the United States Constitution prohibiting unreasonable search and seizures by the police during these traffic stops. The…
As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You reach back into the file, re-read the entire record, and hope something will jump out at you in hopes of something to help your client. I am sure a similar…
The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the constitutionality of criminalizing the refusal of breathalyzer tests. The legal issue in question concerns law enforcement’s potential infringement of the Fourth Amendment right to unreasonable search and seizure under the…
Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “let me see if I can make it home without a ticket” on the live stream Periscope App on which other individuals can comment. While on this application, an officer logged…
In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced to 11 years in prison by Kane County Judge Susan Clancy Boles. In his system, he had a mixture of five different drugs when he got behind the wheel. He then…