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.  

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 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.

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.

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.

Getting Back Your Driver's License in Kansas

In Kansas, when you receive a minor in possession (MIP) or a DUI, you are obligated to show up for your hearings or have a lawyer appear in your place.  When you don't appear, or have an attorney appear for you at your initial appearances for things such as a DUI in Manhattan, KS Municipal Court a bench warrant will be issued.  Once a warrant is issued, your license will be suspended for your failure to appear.

When your license is suspended in Manhattan, KS Municipal Court it obviously creates a problem for you, specifically, to be able to go to the Court to get your driver's license reinstated.  When you hire an attorney in Manhattan, KS that attorney can usually appear for you and obtain a bond amount or an O.R. bond.  An O.R. is an own recognizance bond and you need only supply your current address to obtain.  A cash or surety bond requires payment to bail bondsman or a cash surety be placed which will be returned to you when you appear for your hearing.

It's also important to note that once your driver's license is suspended you must pay an $82.00 reinstatement fee to get back your driving privileges.   

If you are out of state or otherwise unable to make it to court for your initial appearance or any appearance there after, it's important to have a knowledgeable attorney in Manhattan, KS that can assist in preserving your driving privileges and your rights at trial.  Contact the Manhattan, KS attorney today for free case evaluation.

Pottawatomie County Criminal Charges

One of the complications of living in Manhattan is the close proximity of Pottawatomie County.  The county line between Pottawatomie County and Riley County essentially runs down Tuttle Creak Blvd.  This means a fair portion of the business that serve Manhattan, KS are actually in Pottawatomie County.

When an alleged crime is committed in Pottawatomie County, you must go to Westmoreland, KS to the Pottawatomie County District Court.  This can be very inconvenient as the drive takes about a 30-minutes from Manhattan. 

The rules are different in Pottawatomie County District Court for certain things such as applying for diversion.  For example, for an MIP in Manhattan, applying for a diversion is free.  In Pott County, there is a $10.00 diversion application fee which must be paid at the time you apply for diversion or it won't be accepted.

Someone who is a resident or is just visiting the Manhattan, KS area could find themselves in any of the three Courts: Pott County District Court, Riley County District Court, or Manhattan Municipal Court.  Naturally, things can get complicated in a hurry.

Be sure to speak with a Manhattan, KS attorney who is familiar with the unique rules of each court who can also  help you get clarity when things get complicated and assist in resolving your legal matter

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.

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.

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

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