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The Law Offices of Charles R. Green
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    Since 1993, DUI Lawyer Charles R. Green has helped clients successfully fight for their rights & their future.

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Recent Posts in Fourth Amendment: Seizure or Arrest Category

  • Defending TOC: Transporting Open Container of Alcohol (TOC) Lawyer

    Posted By Attorney Charles R. Green || 1-Jan-2020

    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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  • How to Avoid Getting a DUI this Holiday Season

    Posted By DUI Lawyer Charles Green || 5-Dec-2019

    As the holiday season arrives, some advice on staying safe, ( and jail-free ) It's Holiday Season so that means Christmas parties, work parties, a night out on the town, concert, movie, meeting up with some friends, and maybe having a drink or two. Easiest way to avoid a DWI? Designate a driver or take a taxi or Uber home. The reality is that this doesn't always happen, and that next drink may ...
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  • Field Sobriety Testing in Kansas and Missouri

    Posted By DWI Defense Attorney Charles Green || 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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  • Fourth Amendment: What constitutes a Seizure or Arrest?

    Posted By DUI Attorney Charles Green || 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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  • Speeding Ticket Lawyer in Kansas City

    Posted By DUI Attorney Charles R. Green || 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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  • DUI Lawyer Wyandotte County

    Posted By DUI Attorney Charles R. Green || 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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  • Criminal Defense Lawyer Johnson County

    Posted By DUI Attorney Charles R. Green || 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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  • DUI and Traffic Enforcement Increasing Ahead of Labor Day Weekend

    Posted By DUI Attorney Charles Green || 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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  • DUI Lawyer Johnson County

    Posted By DUI Attorney Charles R. Green || 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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  • As the Holiday Season Approaches : DUI Law Enforcement Increases: How to Avoid Getting a DUI

    Posted By Charles Green || 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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  • DUI Update: U.S. Supreme Court Affirms Minnesota Breath Test DUI Law, Effect on Kansas DUI Laws Remains Unclear

    Posted By DUI Attorney Charles R. Green || 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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  • Kansas Supreme Court Strikes Law Making DUI Test Refusal A Crime

    Posted By Attorney Charles R. Green || 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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  • DUI Lawyer Kansas City Municipal Court

    Posted By Attorney Charles Green || 5-Nov-2015

    DUI LAWYER KANSAS CITY 816 361 0964 Call us for a Free Consultation at 816.361.0964 or 913.383.3311 The new official address for the Kansas City Missouri Municipal Court is at 511 E. 11th St., Kansas City, Mo., 64106. The Court's phone number is 816.513.2700. The previous address was at 1101 Locust Street. Kansas City, Missouri Municipal Court handles tickets issued by the Kansas City Missouri ...
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  • SCOTUS Denies Warrantless Blood Tests

    Posted By DUI Attorney Charles Green || 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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  • U.S. Supreme Court Hears Missouri DWI Case Today

    Posted By DUI Attorney Charles Green || 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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  • Supreme Court to Rule on Missouri DUI Case

    Posted By Charles Green || 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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  • Warrantless DUI Blood Tests Rejected

    Posted By DUI Lawyer Charles Green || 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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  • Platte County DUI, DWI and Criminal Defense Lawyer

    Posted By DUI Attorney Charles Green || 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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  • U.S. Senators Want a Ban on DUI Checkpoint Apps

    Posted By DUI Attorney Charles Green || 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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  • Westport DUI Checkpoint Nets More Than 40 DUI Arrests

    Posted By Defense DUI Attorney Charles Green || 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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  • St. Patrick's Day DUI Checkpoints Announced

    Posted By DUI Attorney Charles Green || 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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  • Kansas City DUI Checkpoint results in 17 DUI Charges

    Posted By DUI Attorney Charles Green || 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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  • Driver Could Not be Stopped for Failure to Signal When Turning out of Private Parking Lot

    Posted By DUI Attorney Charles Green || 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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  • Reasonable Suspicion

    Posted By Criminal and DUI Defense Attorney Charles Green || 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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  • DUI Lawyer Fort Leonard Wood

    Posted By || 11-Nov-2010

    DUI Lawyer Fort Leonard Wood When is a DUI a Federal Offense? Most DUI, DWI, and OUI charges in Kansas and Missouri are charged under State Law or Municipal Ordinance. However a DUI may become a federal matter if it takes place on or near Federal Property including: * National Parks and Forests and National Monuments * Some Airports (Kansas City International Airport/ MCI ) * Military Bases ...
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