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Getting Stopped for a DUI in Kansas
Before a driver can be cited for driving under the influence in Kansas, a police officer has to have a reason to contact that person. There are several ways that this contact can come about:
- A traffic accident
- A stop due to traffic infractions observed by the officer (i.e., speeding)
- A sobriety checkpoint
- Through investigation of another crime
- A stop due to unusual driving or actions observed by the officer.
Those are just the most typical. There are countless others.
In order for a police officer to lawfully stop a moving vehicle, he or she must have at least a "reasonable suspicion" that a crime is being, has been, or will be committed. Of course, this includes traffic infractions like speeding, weaving out of a lane, or running a stop sign. In fact, the Kansas Supreme Court has determined that a police officer may lawfully stop a vehicle that is weaving inside its own lane, even though doing so is not a traffic infraction.
If you are involved in a traffic accident that involves an injury or death, or that does more than $500.00 worth of damage to the vehicles or property involved, you are required by law to contact the nearest police agency. In the event of an accident involving less damage, you must exchange information with the other driver and any police officer investigating the accident. An investigation of an accident will often include law enforcement checking to determine whether any driver is DUI.
Frequently, law enforcement agencies will set up "sobriety checkpoints" where all drivers are required to stop. The Johnson County area has a lot of checkpoints throughout the spring and summer months. There are very specific rules and regulations pertaining to this practice, and they are illegal if not administered properly. Your attorney can explain this area of the law to you.
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| This web site is for informational and advertising purposes only. Jay Norton is the attorney responsible for all of the content in the advertising material. The law firm of Norton Hare, L.L.C., is based in Olathe, Kansas. None of the information contained in the Norton Hare, L.L.C. web site should be construed as legal advice and it does not create an attorney-client relationship between the viewer and Norton Hare, L.L.C. absent an express agreement between the law firm and the viewer. Every legal matter is different and the information in these pages may not be applicable to any one specific case. The viewer should neither take nor refrain from taking any action on the basis of any information on this Web site without first seeking appropriate legal or other professional advice. The receipt of an email from our law firm, even in response to a specific question, does not create an attorney-client relationship and no email exchange should be considered confidential. All attorneys at Norton Hare, L.L.C. are licensed in the state of Kansas. Attorneys J. Ryan Hare and Lindsay Hare are licensed in Missouri, as well. None of the information in this Web site pertains to any state other than Kansas and should not be construed as solicitation of business in this or any other state. Norton Hare, L.L.C. specifically disclaims any warranties of services this Web site may seem to offer. If you are unclear about the terms of this disclaimer, the accuracy of any information on the web site, or if you have a Kansas DUI, federal, state or municipal criminal charge in Kansas, a personal injury case in Kansas, or a domestic relations case in Kansas, please feel free to contact our law firm for further information. |
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