Tag: driving under the influence

Every Breath(alyzer) You Take…Ask for an Attorney

Drew Elizabeth Davis, Staff Editor

Kansas Court of Appeals holds and officer must honor an individual’s request for counsel before the breathalyzer test is administered. If the officer disregards the request, the breathalyzer results must be suppressed at trial.

Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?

Hayley Koontz, Staff Editor

The Kansas Court of Appeals affirms updated regulations do not require the breath test operator to check a the subjects mouth for the breath test to be admissible as evidence.

Warrantless Blood Test Requires a Remand

State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019). Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense? Answer:  Yes, there was probable cause to administer a warrantless blood test …

Voluntary Intoxication Not a Defense to Reckless Homicide

State v. Claerhout, No. 115,227 (Kan. Dec. 6, 2019). Issue:  (1) Did the trial court correctly admit a past diversion agreement to demonstrate a a knowledge of the dangers of driving while intoxicated? (2) Is voluntary intoxication a …