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Posted By DWI Defense Attorney Charles Green
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17-May-2019
So... you are stopped late at night at a DUI Checkpoint in Missouri or Kansas or for a traffic violation / speeding/ improper tags/ improper lane use, etc. and asked; 'Have you had anything to drink tonight?' , if your answer is yes, you are in for the worst pop quiz of your life : the DUI / DWI Field Sobriety Tests. The Big Three: The National Highway Traffic Safety Administration (NHTSA) has ...
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Posted By Attorney Charles R. Green
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5-Jan-2019
In defending Driving Under the Influence (DUI) charges in Kansas it is not unusual to have a client also charged with Transporting an Open Container of Alcohol or 'TOC' in addition to the DUI charge itself. Here is a brief look at the Kansas Open Container law. Transportation of liquor or an 'Alcoholic Beverage' in an opened container (T.O.C.) is a misdemeanor in Kansas under K.S.A. 8-1599. This ...
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Posted By DUI Lawyer Charles Green
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5-Dec-2018
As the holiday season arrives, some advice on staying safe, ( and jail-free ) So... you're ready for a night out on the town, concert, movie, meeting up with some friends, maybe having a drink or two. Easiest way to avoid a DWI? Designate a driver or take a taxi home. The reality is that this doesn't always happen, and that next drink may just put you at or over the legal limit of.08 depending on ...
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Posted By DUI Attorney Charles Green
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1-Nov-2018
A Kansas Driver pulled over in response to Officer's traffic stop of a different vehicle (mistakenly thinking he was the target). When the Driver got out of his truck and walked towards the Officer, the Officer ordered him to get back in his vehicle. This order from the Officer effected a seizure. State v. Reiss, No. 102,071(Kan. App. Dec. 17, 2010) (Leben) (declining to decide "whether a ...
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Posted By DUI Attorney Charles R. Green
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29-Nov-2017
Speeding Ticket ? We Have Been Defending Speeding Tickets in Kansas City Missouri and Kansas Statewide Since 1993 A traffic stop by a Law Enforcement Officer (LEO) for a traffic violation will generally result in a ticket for a 'moving' violation. Common moving violations in Kansas and Missouri include speeding, improper lane use, careless or reckless driving, driving under the influence ...
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Posted By DUI Attorney Charles R. Green
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21-Oct-2017
DUI Defense Lawyer in Wyandotte County, Kansas 913.383.3311 Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Wyandotte County District Court in Kansas City, Kansas? The Wyandotte County District Courthouse is located in downtown Kansas City, Kansas, across the street from City Hall. Once you have posted bond you will receive a citation or criminal complaint with the ...
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Posted By DUI Attorney Charles R. Green
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27-Sep-2017
Johnson County Criminal Defense Lawyer Aggressive Criminal Defense Representation in Johnson County Kansas Facing Criminal Charges? Put Our Experience to Work for You Getting arrested for a criminal or DUI offense can be one of the most frightening and dehumanizing experiences of your life; which is why having an experienced and confident Johnson County Criminal Defense Attorney by your side is ...
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Posted By DUI Attorney Charles Green
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22-Aug-2017
Many Kansas City Area residents will be headed out of town next week for the Labor Day Weekend Holiday celebrating the 'official' end of summer. Whether on the road or on the lake, take care while celebrating this weekend. The Missouri Highway Patrol reports that from 2004 to 2012, 112 people died in accidents on Missouri roads and highways, and more than 2400 were injured on Missouri ...
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Posted By DUI Attorney Charles R. Green
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30-Jul-2017
DUI Defense Lawyer in Johnson County, Kansas Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Johnson County Kansas? Once you have posted bond you will receive a citation or criminal complaint with the first court date on the front. Catch your breath, get your car out of the tow lot if necessary. Weigh your options, and then talk to an experienced Johnson County DUI ...
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Posted By Charles Green
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11-Nov-2016
As the holiday season arrives, some recommendations for staying safe and DUI-free : So... you're ready for a night out on the town, concert, movie, meeting up with some friends, maybe having a drink or two. Easiest way to avoid a DUI? Designate a driver or take a taxi or Uber home. The reality is that this doesn't always happen, and that next drink may just put you at or over the legal ...
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Posted By DUI Attorney Charles R. Green
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5-Aug-2016
The United States Supreme Court has decided that part of a Minnesota law making it a separate crime to refuse to submit to a Breathalyzer or blood test by those suspected of Driving Under the Influence (DUI) by law enforcement is valid, while part of it is unconstitutional as an unreasonable violation of Fourth Amendment rights against unreasonable search and seizure. The Court ruled in a 5-3 ...
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Posted By Attorney Charles R. Green
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20-May-2016
On February 27, 2016, the Kansas Supreme Court decided that the State of Kansas can no longer charge someone being investigated for DUI with the separate crime of refusing a blood test, breath test or test of other bodily fluids in connection with an investigation for DUI. The statute is 'Facially Unconstitutional', and must be thrown out, the court said, because it punishes the defendant ...
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Posted By Attorney Charles Green
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5-May-2014
DUI LAWYER KANSAS CITY MISSOURI 816.361.0964 913.383.3311 The Kansas City Missouri Municipal Court is located in downtown Kansas City, Missouri, at 511 E. 11th St., Kansas City, Mo., 64106. The Kansas City Missouri Municipal Court adjudicates cases filed within the Kansas City Missouri Municipal City Limits which includes Jackson County, Missouri. Kansas City Municipal Court is the largest ...
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Posted By DUI Attorney Charles Green
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11-Jun-2013
A United States Supreme Court ruling has resuted In a victory for Fourth Amendment Rights, which protect us from unreasonable searches and seizure of ouselves and our property by governmental agencies. The amendment was drafted by our Nation's Founding Fathers as a response to the invasive policies of the British, who would routinely seize personal property and detain and arrest persons ...
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Posted By DUI Attorney Charles Green
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9-Jan-2013
Missouri DWI Laws will be in the national spotlight today as the United States Supreme Court will hear arguments regarding a DWI case that occurred in Cape Girardeau in 2010. The ultimate ruling by the Court could affect how evidence, specifically the withdrawal of blood without consent or a valid warrant, can be gathered in DUI and DWI cases nationwide. Tyler G. McNeely was stopped by Missouri ...
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Posted By Charles Green
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1-Oct-2012
The United States Supreme Court is going to weigh in on the constitutionality of a Missouri DUI case that involved a State Highway Patrolman obtaining a blood sample without the consent of the driver. Tyler G. McNeely was stopped for speeding on October 3rd, 2012; he then failed field sobriety tests, according to the officer. He was then transported to a hospital where his blood was withdrawn ...
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Posted By DUI Lawyer Charles Green
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17-Jan-2012
The Missouri Supreme Court ruled Tuesday that all Law Enforcement Officers must obtain a valid warrant prior to requiring someone suspected of DUI or DWI to submit to a blood test without their consent. Tyler McNeely was pulled over for speeding and improper lane use. Upon contact, the Reporting Officer alleged he detected a strong odor of consumed alcohol and that Mr. McNeely's eyes were ...
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Posted By DUI Attorney Charles Green
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30-Jun-2011
Platte County Prosecutor Eric Zahnd announced today that Platte County will be the first juristiction in the Kansas City Metropolitan area to conduct warrantless blood draws of those stopped and suspected of Driving While Intoxicated (DWI). Because Kansas City Missouri City Limits extend into the Northland, the Kansas City Police Department, including the North Patrol Division Station, will be ...
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Posted By DUI Attorney Charles Green
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24-Mar-2011
Senators Harry Reid (D-NV), Frank R. Lautenberg (D-NJ), Tom Udall (D-NM), and Charles E. Schumer (D-NY) recently wrote letters to Research in Motion (RIM), Apple, and Google, asking those companies to halt sales from their online stores of smartphone apps that alert users to the locations of DUI Checkpoints and presumably allow impaired drivers to avoid those Checkpoints. Buzzed is a program ...
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Posted By Defense DUI Attorney Charles Green
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19-Mar-2011
Kansas City Missouri Police announced that more than forty people were cited for DUI during a St. Patrick's Day DUI Checkpoint that ran between 10 p.m. and 4 a.m. on March 17th. The DUI Checkpoint stopped more than eight hundred vehicles at 39th Street and Southwest Trafficway. Additional charges were issued for Possession of Marijuana, Driving While Revoked / Suspended, and other traffic ...
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Posted By DUI Attorney Charles Green
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16-Mar-2011
The Kansas City Missouri Police Department has announced that they will conduct at least two DUI Checkpoints this week to coincide with the St. Patrick's Day Holiday and festivities in Kansas City. They did not announce the locations or times, but last year a DUI Checkpoint in Westport netted more than thirty DUI arrests on St. Patrick's Day. See my earlier post about DUI Checkpoints in Kansas ...
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Posted By DUI Attorney Charles Green
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20-Feb-2011
According to Kansas City Missouri Police, seventeen people were arrested for DUI during a DUI Checkpoint that ran late Friday February 18th, until early Saturday. Out of 497 vehicles stopped, seventeen were charged with DUI, a rate of less than 3%. With the weather warming up you can expect more DUI checkpoints, in both Kansas and Missouri. When you go through a checkpoint, keep in mind that the ...
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Posted By DUI Attorney Charles Green
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10-Feb-2011
After having dinner with his wife at the Isle of Capri Casino in Kansas City, Missouri, Mr. Loyd was stopped and charged with DWI and Driving While Revoked. The Probable Cause for the Police Officer stopping him was that he allegedly Failed to Signal a turn while leaving the parking lot of the Isle of Capri Casino. However he did not receive a ticket for 'Failure to Signal', and the Officer's ...
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Posted By Criminal and DUI Defense Attorney Charles Green
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22-Nov-2010
Police may not routinely frisk every person asked to step out of a car during a 'Traffic Stop'; Police must have reasonable suspicion that the person is armed and dangerous. No reasonable suspicion was present where the Driver was cooperative; traffic stop occurred during daylight hours; and information about Driver's prior narcotics offense did not include use of a weapon. State v. ...
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