Country Stampede 2015

It's that time of year when the weather gets hot and the Tuttle Creek River Pond campgrounds start to get a little crazy.  It's Country Stampede time in Manhattan, Kansas.  Country music will be center stage for the entire Country Stampede weekend while more than 30,000 people camp out, party, and over-consume.

The party atmosphere and heavy drinking at Country Stampede also means there will be an abundance of law enforcement available to keep the peace.  They will be on the lookout for Driving Under the Influence (DUI) minor in consumption of alcohol, minor in possession of alcohol, and other alcohol related offenses.

A DUI at Country Stampede could land you in jail and ruin your weekend.  And MIP or MIC won't land you in jail, but it could really put a damper on things.

If you are being pulled over and you have been consuming alcohol, here is what you can expect:

1. The officer may ask you if you've been drinking.  This question will depend on the reason or offense he/she is pulling you over for.  If you failed to maintain a lane, it's likely you will get this question. If you're speeding, it may be less likely. If it's 2:30 a.m., you can expect the question almost 100% of the time.

2. If you answer "yes" to the question above or the officer detects alcohol or observes indications of driving under the influence, you are likely to be asked out of the vehicle.  A series of tests will be administered that will try to gauge your level of intoxication. You are NOT obligated to take these tests and you may politely decline them.

3.  The officer may also ask that you take a preliminary breath test or PBT.   The officer will tell you that a refusal of the PBT is a traffic infraction. If you blow and it is over a .08 blood alcohol level, you will be arrested for DUI and taken to the police station, either Riley County Police Department or the Pottawatomie County Sheriff's Office.

4. Once you get to the station you will be asked to take a breathalyzer via a large, carefully calibrated Intoxylizer machine which will measure your blood alcohol level.  This test, the one they conduct at the police station, is the test which is admissible in a criminal trial to prove that you are driving while under the influence (over .08).   If you blow over this number, you will be issued a citation for DUI, given a bond likely in the amount of 750.00, and be required to appear at the court date provided to you on your bond sheet.   The location where you were stopped will dictate what court you will have to appear in.

This is just a very rough run down of a DUI arrest process. There are many varied scenarios for how it can unfold that must be examined on a case-by-case basis.  If you find yourself with a DUI, MIP, or MIC while at Country Stampede, call an experienced Manhattan, Kansas DUI attorney.  

Fake Patty's Day 2015

Fake Patty's Day is upon us in the Manhattan, Kansas and local business as well as local law enforcement is gearing up for for a crowd.

It is well known that alcohol will be consumed in vast quantities during Fake Patty's and with over consumption comes a host of problems, the least of which is may be a hangover and some regret.

Riley County Police Department typically beef up security in Aggieville and surrounding areas. If you are under age and consuming alcohol, your chances of getting a minor in possession or a minor in consumption is significantly higher on Fake Patty's Day.

Driving under the influence (DUI) charges in Manhattan, Kansas may also see an uptick in frequency during this raucous weekend.

Typically a DUI will land you in jail for the night or until someone can bond you out.  MIP or MIC will usually result in a simple citation and a notice to appear or NTA at a certain date/time/courthouse in Manhattan.

For victims of DUI charges, there are important deadlines that need to be addressed and taken care of as soon as possible after receiving a DUI citation.  An experienced DUI attorney in Manhattan, Kansas can assist you and will know what those deadlines are and how to address them.

If you find yourself with more than a just regret and a banging hangover on the day after your Fake Patty's Day, contact our office for a consultation.

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.

Fake Patty’s Day Crime Tips from a Manhattan, KS Attorney

The Fake Patty’s day celebration is upon us here in Manhattan, KS! For your safety, there will be an escalated presence of police and EMT workers in the area. 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 have plans to participate in the festivities and you want stay out of both the medical pavilion and the custody of the Riley County Police Department, here is a short list of the 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 and alleyways are public property.
2. DO drink some water, eat some food, and pace yourself.
3. DON’T take shots! These things, jello or otherwise, will catch up to you faster than you can keep track.
4. DO have a designated driver! The ATA Bus will run from 8:00 a.m. - 8:00 p.m. and SafeRide will also be in service from 11:00 p.m. - 3:00 a.m. with their standard routes.
5. DO contact a Manhattan, KS Attorney if you find yourself in trouble.
6. DO exercise your right to remain silent if you are under arrest.

This advice doesn’t just apply to Fake Patty’s day but rather to any event where alcohol may be present. Here are some “Things to Know Before Fake Patty’s Day” from your local Riley County Police Department. If you do find yourself in need of any legal services after the weekend is over, it is in your best interest to hire a Manhattan, KS attorney so they could begin working on your case immediately.

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.

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.

Manhattan, KS Minor in Consumption

A Minor in Consumption ticket is not the same as a Minor in Possession.  If you are ticketed for Minor in Consumption in Manhattan, KS (also known as an M.I.C.) it probably means that you blew in a breathalyzer which indicated you had alcohol in your system.

The thing about MICs is that they have to prove that you have been consuming alcohol.  If you do not blow in the breathalyzer, it makes the State or City's case against you difficult to prove.  

While the punishment for an MIC is the same as for an MIP, they are definitely two very different offenses.  In the case of an MIP, you must be possessing alcohol. This case is pretty easy for even the greenest of police officer to ticket for, simply because they need only find alcohol in your possession.

If you've found yourself in either situation, possessing or consuming alcohol as a minor in Manhattan, KS contact a Manhattan, KS attorney that can help you evaluate your options and get the most favorable outcome possible for your individual case. 

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.