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Articles Posted in DUI

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Kansas High Court deems DUI Refusal Law Unconstitutional

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…

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The “Affluenza defense”: A Criminal Defense Attorney’s Hail Mary

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…

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DUI and The Right of Refusal: The US Supreme Court to Decide

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…

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