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.
Friday, June 29, 2012
Thursday, June 28, 2012
Getting on Diversion for MIPs and DUIs
It's often the case that, if it's your first offense, the prosecutor in Riley County District Court, Manhattan Municipal Court, or Pottawatomie County District Court will offer you diversion. Diversion is a contract between the state or city prosecutor and the defendant (the person alleged to have committed the crime).
The contract typically states that the prosecutor will agree to dismiss the charges if the defendant abides by the rules of the diversion. Typical rules of diversion include things such as: paying a fee, doing community service hours, completing an alcohol and drug evaluation, and staying out of trouble (and Aggieville or local bar district) until diversion is completed.
Diversion is a great option for many with their first DUI or MIP, however, it's always important to understand that you are giving up your right to a trial when you enter into diversion. Before you commit yourself to a diversion, it's important to contact a local attorney to review your case and request discovery on your behalf.
If you're thinking about diversion for your MIP or DUI in Riley County or surrounding communities, contact a lawyer in Manhattan, KS.
The contract typically states that the prosecutor will agree to dismiss the charges if the defendant abides by the rules of the diversion. Typical rules of diversion include things such as: paying a fee, doing community service hours, completing an alcohol and drug evaluation, and staying out of trouble (and Aggieville or local bar district) until diversion is completed.
Diversion is a great option for many with their first DUI or MIP, however, it's always important to understand that you are giving up your right to a trial when you enter into diversion. Before you commit yourself to a diversion, it's important to contact a local attorney to review your case and request discovery on your behalf.
If you're thinking about diversion for your MIP or DUI in Riley County or surrounding communities, contact a lawyer in Manhattan, KS.
Wednesday, June 27, 2012
Drug Possession in Kansas
In Kansas, possession of certain drugs is a crime. This includes methamphetamine, Marijuana, MDMA, Cocaine, and so many other specifically named illegal drugs that I don't have time to list them all.
The most common drug charge I see is Possession of Marijuana. This charge often results after a cop pulls someone over for a minor traffic infraction and either smells "raw marijuana" or "burnt marijuana." Once a cop smells either kind of M.J. they will typically attempt to search the vehicle.
Whether they actually smell it, or just suspect there's marijuana in the car, the cop almost always will ask for permission to search your vehicle. Sometimes they even say something like "if you don't have anything to hide, why don't you let us search your car." In either case, you do not have to give them permission to search. You are giving them permission to violate your constitutional rights. You are the only one that can willingly give those up.
If you get arrested for possession of Marijuana in Manhattan, KS or the surrounding areas, you still have rights. To exercise your rights and to make sure your rights are being respected, call a Manhattan, KS attorney for a consultation.
The most common drug charge I see is Possession of Marijuana. This charge often results after a cop pulls someone over for a minor traffic infraction and either smells "raw marijuana" or "burnt marijuana." Once a cop smells either kind of M.J. they will typically attempt to search the vehicle.
Whether they actually smell it, or just suspect there's marijuana in the car, the cop almost always will ask for permission to search your vehicle. Sometimes they even say something like "if you don't have anything to hide, why don't you let us search your car." In either case, you do not have to give them permission to search. You are giving them permission to violate your constitutional rights. You are the only one that can willingly give those up.
If you get arrested for possession of Marijuana in Manhattan, KS or the surrounding areas, you still have rights. To exercise your rights and to make sure your rights are being respected, call a Manhattan, KS attorney for a consultation.
Tuesday, June 26, 2012
Minor in Possession of Alcohol
I've heard this story dozens of times: Young man or woman is at a house party in Manhattan, is under 21, and is drinking alcohol. Deciding it's time to walk down the street to another party, fails to toss their beverage and while en route, sees a police officer. Suddenly aware that they're breaking the law, this person throws their drink into the bushes. Cop sees this and makes contact with the minor and at some point, asks the minor to take a preliminary breath test and the minor complies. The minor fails the breath test and is ticketed with a minor in possession.
There's a number of things that could have been different here, mainly, not drinking alcohol if you're a minor. I know this is unrealistic and the number of people under 21 that drink alcohol is unlikely to change. However, if you are a minor and drink it's probably best not to do it on the public streets (or front yards for that matter) of Manhattan, KS. If this is unavoidable, the least you can do is drink out of a container that is not a beer can or a ubiquitous red cup. My final point regarding MIPs in Manhattan, KS is this: You are not required to blow into a preliminary breath test when an officer asks you, UNLESS you are suspected of having driven a vehicle while under the influence.
This means, unless you were driving a car, it's not against the law to refuse to blow.
If you've been ticketed for an MIP in Manhattan, KS, call an Attorney in Manhattan, KS who will give you an honest, candid evaluation of your case to help you make a decision on how to handle your specific legal problem.
*This is not offered as legal advice and each case is different and should be evaluated on a case by case basis. This blog is for information purposes only. Blake Robinson Attorney at Law, Manhattan, KS is responsible for the content of this blog
There's a number of things that could have been different here, mainly, not drinking alcohol if you're a minor. I know this is unrealistic and the number of people under 21 that drink alcohol is unlikely to change. However, if you are a minor and drink it's probably best not to do it on the public streets (or front yards for that matter) of Manhattan, KS. If this is unavoidable, the least you can do is drink out of a container that is not a beer can or a ubiquitous red cup. My final point regarding MIPs in Manhattan, KS is this: You are not required to blow into a preliminary breath test when an officer asks you, UNLESS you are suspected of having driven a vehicle while under the influence.
This means, unless you were driving a car, it's not against the law to refuse to blow.
If you've been ticketed for an MIP in Manhattan, KS, call an Attorney in Manhattan, KS who will give you an honest, candid evaluation of your case to help you make a decision on how to handle your specific legal problem.
*This is not offered as legal advice and each case is different and should be evaluated on a case by case basis. This blog is for information purposes only. Blake Robinson Attorney at Law, Manhattan, KS is responsible for the content of this blog
Monday, June 25, 2012
You Don't Need to go to Topeka for Quality Personal Injury Trial Attorneys
Manhattan, Kansas is one of the, if not THE, best big little city in Kansas. Forbes ranked Manhattan as the number 3 city for small businesses in the U.S.
Manhattan's growing population and the high number of drivers under the age of 25 means more vehicular accidents. Unfortunately, after a car accident many victims turn to Topeka, Kansas City, or Wichita to find an accident attorney to represent them even though the accident occurred in Riley County or one of the surrounding jurisdictions.
There's no need to go outside Northern Kansas to find a local attorney who has experience in highly detailed, highly contentious complex civil litigation and who is familiar with the local rules and practices.
* 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 the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Manhattan's growing population and the high number of drivers under the age of 25 means more vehicular accidents. Unfortunately, after a car accident many victims turn to Topeka, Kansas City, or Wichita to find an accident attorney to represent them even though the accident occurred in Riley County or one of the surrounding jurisdictions.
There's no need to go outside Northern Kansas to find a local attorney who has experience in highly detailed, highly contentious complex civil litigation and who is familiar with the local rules and practices.
* 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 the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Country Stampede Weekend
Country Stampede has come and gone and the many out-of-towners have gone home. In their wake, Pottawatomie County and Riley County have a large new case load of Minor in Possessions, DUIs, and a host of other alcohol related infractions.
For Pottawatomie County, Kansas Country Stampede weekend is like Black Friday is to Wal-Mart. Obviously the cost of these tickets is doubly burdensome for many not from the Flint Hills area. Having to return to Pott. or Riley County District Courts at some date in the future to appear and simply enter a plea of no contest and obtain a diversion is a pain. If you're more than 2 hours away from Manhattan and must miss a day of work to make your court date, it adds insult to injury.
A knowledgeable Manhattan, KS attorney can appear for you at your initial appearance and assist you with your MIP, DUI, or alcohol related infractions in both Manhattan City and County District Court as well as District Courts in the surrounding areas.
For Pottawatomie County, Kansas Country Stampede weekend is like Black Friday is to Wal-Mart. Obviously the cost of these tickets is doubly burdensome for many not from the Flint Hills area. Having to return to Pott. or Riley County District Courts at some date in the future to appear and simply enter a plea of no contest and obtain a diversion is a pain. If you're more than 2 hours away from Manhattan and must miss a day of work to make your court date, it adds insult to injury.
A knowledgeable Manhattan, KS attorney can appear for you at your initial appearance and assist you with your MIP, DUI, or alcohol related infractions in both Manhattan City and County District Court as well as District Courts in the surrounding areas.
Friday, June 22, 2012
DUI Friday
It's Friday, so I fell like it's a good time to talk about DUIs. There is also going to be a DUI checkpoint this weekend in the Kansas City area, so it's especially poignant to talk about this now.
When you get pulled over, it's typically for a minor traffic infraction such as failure to signal, failure to come to a complete stop, or the all-time cop favorite: "you had a tag light out." In Manhattan, KS another common reason for a policeman to pull over a vehicle is for swerving.
Once your vehicle is pulled over, a cop need only suspect you are under the influence in order to ask you to perform field sobriety tests. Things such as watery, blood shot eyes; slurred speech, confusion, and fumbling to get your ID are all "indicators" of intoxication by most cop's standards. The problem is, of course, these tests are completely subjective and each indicator can be caused by many, many other things. Another indicator cited on almost every police report I see for a DUI is odor of alcoholic beverage. Of course, we can't be there to check for smell at the time someone is pulled over, so there's no way to verify whether there was actually an odor of alcohol or where the odor was coming from. At this point, we are totally relying on the word of the law enforcement officer.
IMPORTANT POINT: when a cop asks you where you're coming from, you do not have to tell them. You are perfectly permitted to say "the north" instead of "Tubby's" or "Bobby T's."
So you've been pulled over, and something has made the officer believe that you're under the influence. He/she has pulled you out of the car and now wants you to do the walk and turn, stand on one foot, and the whole song and dance. These are standard field sobriety tests and you do not have to do them. You are in no way obligated to do a standard field sobriety test.
Now, whether you do the tests or not, the officer will probably ask you to do a preliminary breath test. This is a breath test that occurs out in the field. It is a small hand held device that you blow into to determine your blood alcohol content. If you refuse to take this test or fail this test, it is a traffic infraction in the State of Kansas. Here, it's important to note that if you fail or refuse this preliminary breath test, you have 14 days to request an administrative hearing from the Kansas Department of Revenue. This requests also costs $50 which needs to be sent within 14 days as well. It's important to contact an attorney as soon as possible so they may help you preserve your rights.
After the preliminary breath test, whether you failed or refused, if the officer has enough evidence, he/she will arrest you, read you your rights, and take you to the police station.
We will cover more on DUI arrests in Manhattan, Kansas and surrounding areas next Friday, in the next installment of DUI Friday.
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DUI Friday is brought to you by Manhattan, KS Attorney.
When you get pulled over, it's typically for a minor traffic infraction such as failure to signal, failure to come to a complete stop, or the all-time cop favorite: "you had a tag light out." In Manhattan, KS another common reason for a policeman to pull over a vehicle is for swerving.
Once your vehicle is pulled over, a cop need only suspect you are under the influence in order to ask you to perform field sobriety tests. Things such as watery, blood shot eyes; slurred speech, confusion, and fumbling to get your ID are all "indicators" of intoxication by most cop's standards. The problem is, of course, these tests are completely subjective and each indicator can be caused by many, many other things. Another indicator cited on almost every police report I see for a DUI is odor of alcoholic beverage. Of course, we can't be there to check for smell at the time someone is pulled over, so there's no way to verify whether there was actually an odor of alcohol or where the odor was coming from. At this point, we are totally relying on the word of the law enforcement officer.
IMPORTANT POINT: when a cop asks you where you're coming from, you do not have to tell them. You are perfectly permitted to say "the north" instead of "Tubby's" or "Bobby T's."
So you've been pulled over, and something has made the officer believe that you're under the influence. He/she has pulled you out of the car and now wants you to do the walk and turn, stand on one foot, and the whole song and dance. These are standard field sobriety tests and you do not have to do them. You are in no way obligated to do a standard field sobriety test.
Now, whether you do the tests or not, the officer will probably ask you to do a preliminary breath test. This is a breath test that occurs out in the field. It is a small hand held device that you blow into to determine your blood alcohol content. If you refuse to take this test or fail this test, it is a traffic infraction in the State of Kansas. Here, it's important to note that if you fail or refuse this preliminary breath test, you have 14 days to request an administrative hearing from the Kansas Department of Revenue. This requests also costs $50 which needs to be sent within 14 days as well. It's important to contact an attorney as soon as possible so they may help you preserve your rights.
After the preliminary breath test, whether you failed or refused, if the officer has enough evidence, he/she will arrest you, read you your rights, and take you to the police station.
We will cover more on DUI arrests in Manhattan, Kansas and surrounding areas next Friday, in the next installment of DUI Friday.
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DUI Friday is brought to you by Manhattan, KS Attorney.
Wednesday, June 20, 2012
Country Stampede
Country Stampede officially starts tomorrow. This means Country Music fans from all over the state and surrounding states will be flocking to Manhattan to partake in what is, for many, their favorite vacation of the summer. Unfortunately, summer is often the time of year that the City of Manhattan schedules most of their road work and city construction projects because the students, who comprise a large part of Manhattan's population, have gone home for the summer.
This year is not exception and construction projects on K-18 between Ogden and Manhattan are in full effect. There is also construction projects being completed on Poyntz Avenue as well as McDowell Creek Road making access off I-70 for those coming from the West a major concern.
These construction areas are also areas that Riley County Police Department set up routine posts to catch people speeding. The problem with construction zones is that, in Kansas, fines double. This includes fines for following too close.
This brings me to the current new development at the RCPD, new camera technology which allows officers to determine how close, in terms of seconds, one vehicle is following another. This technology makes a following too close ticket, which was once very difficult to prosecute, an easy case to make in front of the court.
With this new enforcement capability, there's no doubt "following too closely" tickets will increase greatly in the Manhattan and surrounding Riley County area.
You don't have to take this ticket lying down, however, and should contact a Manhattan, KS attorney to help evaluate your "following too closely" ticket
This year is not exception and construction projects on K-18 between Ogden and Manhattan are in full effect. There is also construction projects being completed on Poyntz Avenue as well as McDowell Creek Road making access off I-70 for those coming from the West a major concern.
These construction areas are also areas that Riley County Police Department set up routine posts to catch people speeding. The problem with construction zones is that, in Kansas, fines double. This includes fines for following too close.
This brings me to the current new development at the RCPD, new camera technology which allows officers to determine how close, in terms of seconds, one vehicle is following another. This technology makes a following too close ticket, which was once very difficult to prosecute, an easy case to make in front of the court.
With this new enforcement capability, there's no doubt "following too closely" tickets will increase greatly in the Manhattan and surrounding Riley County area.
You don't have to take this ticket lying down, however, and should contact a Manhattan, KS attorney to help evaluate your "following too closely" ticket
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