Showing posts with label Alcohol law. Show all posts
Showing posts with label Alcohol law. Show all posts

Friday, June 27, 2014

Country Stampede in Riley and Pottawatomie County


Country Stampede 2014 is upon us.  It's a time for country music and usually a lot of alcohol consumption.  As such it's one of the busiest times of year for the RCPD and local law enforcement. During Country Stampede, officers from the Kansas Highway Patrol also help enforcement.  Many Minor in Consumption and Minor in Possession tickets will be issued.  

As a minor, trying to avoid situations where you may be caught with alcohol in your hand whether the container is open or closed.  This could include coolers of beer.  Minor in Possession (MIP) and Minor in Consumption (MIC) is a great way to ruin your Country Stampede experience. Don't forget, you have the right to remain silent, so before you say anything to incriminate yourself, tell them you will only be speaking to your attorney. 

DUI charges are another frequent incident at Country Stampede.   In the State of Kansas, to be convicted of Driving Under the Influence citation or a D.U.I., an individual must have a Blood Alcohol Content (BAC) level above a 0.08 or be under the influence to a degree that renders you unable to safely operate a vehicle.  For many people that can be one or two standard size drinks over the span of a couple hours! Before the celebrating begins, designate a sober driver or agree on taking a taxi because being charged with a D.U.I. can dramatically change your life. After receiving a D.U.I., you only have 14 days to request a driver’s license hearing to preserve your driving privileges. it's best to immediately contact an experienced DUI attorney in Manhattan, Kansas to begin the process of defending you. 

Legal trouble can have harsh consequences that will affect your future. It is important to know you rights and plan ahead! However, if you do find yourself in need of a lawyer, you should contact a knowledgeable Riley and Pottawatomie County attorney to assist with your legal needs.

Friday, March 7, 2014

Minor in Possession on Fake Patty’s Day


Tomorrow is the big Fake Patty’s Day celebration!  If you are a minor and you are caught drinking or carrying alcohol by the Riley County Police it is likely that you will end up with a Minor in Possession/Consumption (MIP or MIC). A run in like this with law enforcement can be a real damper to the rest of your Fake Paddy’s celebration.   

If you are a minor here are some things you may want to keep in mind with regard to MIP or MIC:

  1. Do not take an open container or a closed container of alcohol ANYWHERE. If an officer finds you, he can cite you for a Minor in Possession.
  2. If you are at a house party that seems to be getting out of hand and you think the cops may arrive soon, LEAVE. Even if you are not drinking, you could be charged with a Minor in Possession (MIP). If you are drinking and the owner of the house is of lawful age to drink, they could be charged with Supplying to a Minor and you could be cited for a Minor in Consumption (MIC). Hosting to a minor could lead to a fine up to $1,000.00.
  3. Avoid the bar scene. Getting caught with a fake I.D. could lead to a Possession of a False Identification and may be a serious felony. You could also be charged with Attempting to Purchase Alcohol. Do not ask to borrow your friends I.D. this could also get them in trouble with the law.

So as a reminder, try not to drink in excess this weekend and obey the law. If you are underage, you are more likely to get an MIC/MIP on Fake Paddy’s then most other days out of the year.  If you do find yourself in need of legal assistance, contact a Manhattan, KS attorney for a consultation in your case.

Monday, August 19, 2013

Manhattan, KS Weekend Checkpoint - August 16, 2013

After this weekends DUI checkpoint in Manhattan, KS you may find yourself with a DUI charge and a notice to appear in Manhattan Municipal Court.   The important thing to note is the timer period you have to request a driver's license hearing to preserve your driving privileges. You must send a special request and a $50.00 fee to the Kansas Dept. of Revenue in order to be given a hearing on your driver's license suspension.

An experienced DUI attorney can help you with the entire process. 

Friday, June 28, 2013

Driving Under the Influence (DUI): Country Stampede



After last night’s downpour, campers at Country Stampede were probably trying to leave the campgrounds and escape to a warm, dry location.  Before you jump in your car, be sure you’re not under the influence.  Even just moving your vehicle while your intoxicated could land you with a DUI. 

In the State of Kansas, to be convicted of Driving Under the Influence citation, or a D.U.I., an individual must have a Blood Alcohol Content level above the legal limit of 0.08. For many people that can be one or two standard size drinks over the span of a couple hours!

At Country Stampede in 2012, Kansas State Highway Patrol Troopers handed out over 27 DUIs  during that weekend. Here are a couple ways to avoid getting a DUI or any other citation in the State of Kansas at Country Stampede or over the July 4 weekend:
  1. Designate someone as the sober driver.
  2. If you must drive and everyone has been drinking, CALL A CAB
    1. Bell Taxi- 785-537-2080
    2. Wildcat Taxi- 785-320-7818
    3. ABC Union Cab- 785-537-1295
  3. Don’t forget to buckle up.
  4. Be cautious of all other drivers on the road around you.

Getting a D.U.I. in the State of Kansas is expensive and can dramatically change your life for the worse. If you do happen to get pulled over and cited for a DUI, you should contact a DUI attorney in the Manhattan, Kansas area as soon as possible. Remember, you only have 14 days to preserve your driving rights so don’t hesitate to call for your free consultation.

If you are about to get behind the wheel of a car after drinking and you are of legal age to drink in the State of Kansas, but you are unsure if you are under the legal limit to drive this website can help. (Note: this is just a website and will not calculate your blood alcohol content with 100% accuracy.)

Thursday, June 27, 2013

Minor in Possession in Pottawatomie County: Country Stampede


Country Stampede has officially begun! If you’re underage and happen to receive a minor in possession while enjoying the concert, then you need to know your next move. First, what is a minor in possession? A minor in possession, or M.I.P., is any one under the age of 21 who is found to possess, obtain, purchase, or attempt to purchase alcohol. A minor in possession is a Class C misdemeanor.

Much like an M.I.C., a minor in possession in Pottawatomie County or Riley County are punishable with a fine up to $500, community service, and a certificate of completion from an Alcohol Education class. For your first offense, you could also possibly lose current or future driving privileges for 30 days.

While this may not sound like a big deal, DON’T throw that ticket away thinking the citation will disappear. If you fail to appear at your court appearance, three months later you will receive a notification that your driver’s license has been suspended. Needless to say, the sooner you contact a knowledgeable Kansas Attorney to represent you the sooner he or she will be able to guide you through the legal process.

For a free consultation regarding your Minor in Possession in Pottawatomie County, contact a Defense Attorney in the Pottawatomie County area, and speak directly with our helpful staff today.

Tuesday, June 25, 2013

Minor in Consumption at Country Stampede

With Country Stampede right around the corner, there are some things everyone should know to protect themselves and their records while still enjoying the concert. If you happen to receive a “Minor in Consumption” in the State of Kansas, during Country Stampede, or any time in the year, it is important to know exactly what you are facing. A minor in consumption, also known as an M.I.C., is a citation given to any minor who is under the age of 21 and found to have been drinking but does not have alcohol in his or her possession. In the state of Kansas, a Minor in Consumption is a Class C misdemeanor. A M.I.C. charge can be punishable by a hefty fine, hours of community service, and a certificate of completion of an educational program that deals with the effects of alcohol.

For a free consultation regarding your Minor in Consumption, contact a local Riley County Criminal Defense Attorney. The sooner you have contacted a Kansas attorney to represent you the sooner he or she can help you navigate your way through your Minor in Consumption and all the steps that will need to be taken in Pottawatomie County, Riley County, or Manhattan Municipal Court.

Friday, March 8, 2013

Fake Patty's Day 2013

Tomorrow is the hallowed Fake Patty's Day celebration here in Manhattan, KS!  While a boon to many bars in the Aggieville area, it's also an event that requires additional police presence and EMT workers.  Part of the effort to keep Fake Patty's attendees safe is making a medical pavilion in the City Park just South of Aggieville. 

If you intend to participate in Fake Patty's festivities and you want to stay out of both the medical pavilion and the custody of RCPD, here's a short list of dos and don'ts:

1. Don't take an open container out in public.  This includes the sidewalk right outside your (or your friends) house.  All sidewalks are public property.  So are alleyways.

2.  If you're a minor, don't take an open container (or closed container) of alcohol ANYWHERE.  That's Minor in Possession (MIP).

3. Drink some water. Eat some food.  Personally, I recommend Hunam Express or Aggie Station.

4. Don't take shots.  (Seriously don't, though Jell-O shots hardly count, still watch their number)

5. Have a designated driver.  Getting a DUI is costly and can change your life.  On Fake Patty's 2013, Safe Ride will also be running during extended hours starting at Noon (12:00 p.m.) on Saturday and running until 3:00 a.m. on Sunday morning. 

6. Finally, a bit of advice that is applicable always, if you must break the law, don't break two laws at once.  If you want to know why, you'll have to pay me a visit.

Manhattan, KS Criminal Defense Attorney

Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for information purposes only.

Tuesday, March 5, 2013

Fake Patty's Day - March 9, 2013

Fake Patty's day is almost here and the City of Manhattan, KS has some things to mention for those partaking of the FPD 2013 celebration.  One important item to be aware of is the safe ride program available all day for Fake Paddy's participants.  Safe ride will run from Noon on Saturday till 3:00 a.m. Sunday morning.  Getting a DUI in Kansas is expensive and can dramatically change your life for the worse.

The RCPD will also be out in force canvassing the area in and around Aggieville.  This means underage drinkers should be careful.  Even if you are not at a bar, the likelihood of getting a Minor in Possession (MIP) or Minor in Consumption (MIC) will be high.  Those home owners/renters around the Aggieville area also should be careful.  If a member of your party is an under age drinker you may be subject to a hosting ticket and fine which could be as much as $1,000.00.

So in short, try not to drink in excess this weekend and obey the law.  Be careful out there, but if you do find yourself in trouble, contact a Manhattan, KS criminal defense attorney.  We can help.  



Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for information purposes only.

Thursday, February 28, 2013

Fake Patty's Day Crime

During Fake Patty's Day, 2012 the Riley County Police Department (RCPD) made 90 arrests.  In 2011 the RCPD responded to more then 766 calls.  The trend for crime is down over the past three years during this unique Manhattan, KS event but it's still important to be careful during this all day bender. 

This includes staying out of handcuffs as much avoiding cons by your fellow Fake Patty's Day attendee.  After last year's Fake Patty's event the Manhattan law office was contacted by a young man who had received an Minor in Possession (MIP) during the Fake Patty's Day celebration.  This individual was one of several in his group who was issued a similar citation.  Unfortunately one of the members of this group claimed her father was an attorney and convinced many of them to give her the tickets and $100.00 and her father would be sure to take care of it. 

Three months later, the client receives notice of drivers license suspension for failure to appear in Manhattan, KS Municipal Court for his MIP.  Needless to say the MIP had not been taken care of and he was now in a much worse situation than before with just an MIP.

Luckily we were able to fix this Fake Patty's Day mishap and help our client obtain a satisfactory outcome, however, the person claiming to have the attorney father has never been identified so be wary of anyone who might claim the same.

Monday, December 31, 2012

New Years Eve DUI Checkpoints

No DUI checkpoints are scheduled for Riley County for New Years Eve tonight, however, it's very likely the RCPD will be doing saturation patrols around the Manhattan, KS area.  Be careful out there and don't drink and drive.  If you need a ride please call one of the many taxi services in the area. 

Wednesday, October 31, 2012

DUI Attorney, Manhattan, KS

While a lot of Manhattan, KS DUI attorney's claim to offer special or unique services for high prices, it's something of a misconception to believe you can't get great legal representation for your DUI from a more reasonably-priced Manhattan, KS law firm. 

A Manhattan, KS DUI attorney that is reasonably priced offers the the more personal, one-on-one assistance to help you evaluate your options and getting the results that are important to you.  With less overhead then a traditional law firm, our Manhattan, KS law office can offer you professional service that compares to other big law firms but with more personalized legal representation. 


Monday, September 10, 2012

Manhattan, KS DUI Checkpoint in August

On the first K-State game day weekend the RCPD in cooperation with the Kansas Highway Patrol held a DUI Checkpoint along Kimble Blvd. in Manhattan, KS.   A number of individuals were cited for driving under the influence of alcohol. 

If you received a DUI citation in relation to this checkpoint, you have 14 days from August 31st, 2012 to submit a drivers license hearing request.

Wednesday, August 22, 2012

Manhattan, KS Minor in Possession or Minor in Consumption

With the KSU students back in Manhattan, the number of minor in possession charges (MIPs) jumps dramatically.  The Riley County Police Department are also on the lookout for underage drinking, which doesn't help your odds.

One important point of contention is the difference between and MIP and a minor in consumption (MIC).  If you are charged with an MIC, it probably means that you blew into a preliminary breath test when asked by a law enforcement officer OR that you were so visibly intoxicated that it left no doubt that you had consumed alcohol.  MIC is the ticket you will receive if you are not in possession of alcohol as a minor.  

The MIP is, for all other purposes, identical to an MIC.  An MIP is what they will call it, however, if you possess alcohol.  Here's the important aspect:  an MIC and MIP are violations of the same Manhattan Municipal Ordinance.  This means that both will trigger the same punishment from the City's standpoint and result in at least a $200 fine but not more then a $500 fine.  The Manhattan Municipal Court also may suspend your driver's license for 30 days after your first conviction. 

It's typically easy to enter into a diversion in Manhattan Municipal Court for your first MIP/MIC, but before you do, have a local Manhattan, KS attorney look over your case.  If you'd like to contact an attorney about your MIP, MIC, or any other alcohol related crime, head over to www.manhattanksattorney.com and contact us about a no cost case evaluation.

Thursday, August 16, 2012

Kansas State Classes Back in Session

It's that time of year parents and students alike can't wait for.  The kids are coming back to Manhattan, KS to attend another (or their first) year of college at Kansas State University.

Many students have been at home over the summer, or maybe working on internships and are ready to get back and kick off the school year with a bang.  Unfortunately, sometimes K-State students forget to be careful when the return from their summer forays.  It's around this time that the number of MIPs in Manhattan, KS, Riley County, and Geary County, skyrockets.

The frequency of DUIs in Manhattan, KS and surrounding areas also increases. Whether you get a DUI after a K-State tailgate, being in Aggieville, or even the morning after there's a few things can do to hedge your bets.  And the two things you should remember if you're pulled over: 1. you do not have to do standard field sobriety tests, 2. call an attorney as soon as possible.  Even if you don't have the funds to hire your own attorney, an experienced DUI attorney in Manhattan will have important advice about your next step and what you need to do to preserve your driving privileges as soon as you get a DUI.

*This is not offered or intended to be taken as legal advice and does not create an attorney client relationship.  If you would like to speak to an attorney today regarding your DUI or other criminal matter, contact Blake Robinson in Manhattan, KS to serve your northern Kansas legal needs.


Friday, July 27, 2012

DUI Friday

Picking up from last weeks DUI Friday, we are talking about the court procedure after you've been charged and what to expect from the Manhattan, KS courts. 

If it's just your first DUI you usually qualify for diversion.  Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you.  After your initial appearance, a diversion conference is usually set up a few weeks down the line.  During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference. 

 If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court.  Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest.  If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.

On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court.  Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges. 

Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.  


Wednesday, July 18, 2012

Don't Just Settle for a Diversion for a DUI

When you get a DUI in Manhattan, KS, Riley County, Geary County, or the surrounding areas, it's important to know that by entering into a diversion you agree to be found guilty if you don't successfully complete your diversion.  This means that if you fail to abide by the terms of diversion, you will likely get the full punishment of being found guilty of DUI.

Before you agree to a diversion, you should have a DUI attorney obtain discovery on your case to evaluate whether your rights haven been violated.  Otherwise, you might forgo your right to a trial when a trial would have been in your best interest.

Even if it turns out that, after review of the discovery, you still want to pursue a diversion, knowing that you have looked at the facts and circumstances surrounding your arrest will give you piece of mind to know that diversion was the right choice for you.

Contact a Manhattan, KS attorney today for assistance and a free consultation so you can know the options you have before you waive or forgo your rights.

Thursday, July 12, 2012

Manhattan, Kansas District Court and Manhattan, KS Municipal Court

In Manhattan, KS, like most cities, has a Municipal Court and a District Court.  There is a difference, and it's important to understand what the difference is. 

The Manhattan, KS Municipal Court serves the City of Manhattan and is the place of venue for traffic and misdemeanor crimes committed in within the city limits of Manhattan.  Manhattan Municipal Court is on 610 Colorado Street near Manhattan Catholic School.  The Municipal Court does not, however, handle felony criminal charges.  It's likely, that if you get a DUI in Manhattan, KS, this is the court in which you will need to appear. 

The Riley County District Court is the State Court which handles other, generally more serious, criminal matters.  The Riley County District Court also handles the appeals from the Municipal Court.  The District Court is located at 100 Courthouse Plaza which is in downtown Manhattan, KS at 5th and Poyntz.  This is also the Court which handles divorces, small claims, juvenile crimes, personal injury claims.  

Often, I am at the District Courthouse and get asked for the location of the Municipal court by someone who has come to the wrong courthouse.  If you find yourself late for a 9:00 a.m. docket at the wrong courthouse, fear not, the Municipal Courthouse is just a few blocks South of the District Courthouse and shouldn't take more than 5 minutes commute. 

If you find yourself in  a position where you need to be at either courthouse, you might need to contact an lawyer to represent you.  If this is the case, please call a Manhattan, KS lawyer in the area for knowledgeable, personalized legal service to help you solve your DUI, criminal charge, divorce, or personal injury.

*This blog is not meant to be legal advice and should not be taken as such, but is an informational service created by Manhattan, KS attorney.  Hiring a lawyer is an important decision and should not be made on the basis of a blog alone. 

Tuesday, July 10, 2012

New Kansas DUI Law

On July 1st of this year a new DUI law in Kansas came into effect.  This law changes the charges for refusing to provide a blood, breath, or alcohol test when you have a prior DUI charge or DUI diversion.

Now, when you refuse a blood alcohol sample, and it's been less than 10 years since your alcohol related driving infraction the first time it's a misdemeanor.  The second time, a felony.  This compounds your problems considerably because now, you have a DUI, an traffic infraction from failing or refusing a Preliminary Breath Test, AND a misdemeanor or felony if you refuse to incriminate yourself by providing a blood alcohol sample.

If you have a DUI or other alcohol related charge, it's important to contact an attorney to help explore your options and determine if your rights have been violated.  Contact a lawyer in Manhattan, KS to help you evaluate your case.

Monday, July 2, 2012

4th of July Celebrations and the Law

The 4th of July is almost here.  Easily my favorite holiday.  Unfortunately, it's a time when the combination of heat, celebration, and inebriation creates a volatile mix. 

Part of many people's celebration of the 4th includes drinking alcohol and being at the lake or pool.  Drinking in the hot sun can dehydrate you extremely fast and lack of hydration can cause symptoms similar to over-intoxication.  Heat stroke is one of the most dangerous heat related injury and it's symptoms include nausea, vomiting, disorientation. 

Another point of concern for the summer holiday season is the mixture of explosives and alcohol. Any nurse or ER doctor can testify that the number of burns and accidental firework related injuries goes up substantially over the 4th of July holiday. 

Boating while intoxicated is a third area to be aware of over the holidays.  In Manhattan, KS there's a number of nearby lakes and reservoirs to visit for the fourth.  Tuttle Creek, Milford Lake, and Pottawatomie County Fishing lakes one and two all have the same laws as they relate to boating under the influence.  Much like driving a vehicle, if you are boating you automatically consent to a preliminary breath test to test for blood alcohol.  If you refuse, they automatically revoke your boating privileges. 

Two final points: 1. The fourth of July is a time for celebration, family, fireworks, and fun.  Like many major holidays, law enforcement agencies make it a point to conduct DUI Checkpoints to screen for drunk drivers during these times.  2. When you are firing off fireworks that are illegal for your area, it's a beacon for police officers.  Don't get caught with a MIP AND an illegal fireworks ticket because you fired a few black cats in Manhattan, KS City Limits and brought attention to yourself.


This blog is not legal advice nor intended to be legal advice, it's simply information provided by Manhattan, KS Attorney.

Friday, June 29, 2012

DUI Friday, June 29th

It's DUI Friday!  Last week we left off with failing or refusing to take a preliminary breath test.

When you refuse to take or fail a preliminary breath test (the breath test they administer out in the field) the state initiates an administrative action against you to revoke your driving privileges.  When you hear of an administrative hearing, or an administrative hearing request, this is the State of Kansas giving you your due process before they suspend your driver's license.

The only way to preserve your driving privileges for longer then 30 days after your arrested is to make an administrative hearing request to the Kansas Driver Control Bureau within 14 days.

NOTE: If you want to preserve your driving privileges for longer then 30 days you must send your Administrative Hearing request within 14 days along with the required $50 request fee. 

After you send a request, it typically takes driver control a couple weeks before they send you confirmation and a date for your hearing.  These hearings are held in front of a magistrate, not a judge, and usually last less then 20 minutes.

Next week we'll talk about the other side of a DUI case, the criminal side, which is separate from the administrative hearing.

DUI Friday is brought to you by the Manhattan, KS lawyer, Blake Robinson.  If you've been arrested for a DUI it's important to act fast to preserve your driving privileges as mentioned above.  Contact an attorney before it's too late.

*Hiring an attorney is a complex decision and should not be based solely on a blog entry. This is not legal advice but simply information about DUIs in Kansas.