Blog

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Depression and COVID-19

Depression is a disease. It is real. It is scary for all involved including families, spouses, children, friends, and those suffering from depression. All too often individuals suffering from depression try to fight it alone or ignore the signs. Please st...

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COVID-19: Resources for those fighting substance abuse

In this uncertain time with COVID-19, those folks fighting substance abuse need to remember there are a number of online options to attend AA/NA meetings. Please do not let this unfortunate worldwide issue become a trigger to a setback. Share with those w...

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Kansas Law Changes to Ignition Interlock Devices

The state of Kansas published a new amendment to regulation 92-56-2, requiring every ignition interlock device include a camera to identify the person breathing into the machine. The changes took place on January 8, 2020. An ignition interlock device is a...

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Alcohol Detecting Devices

There is a large amount of pressure being applied on our congress that would require all new vehicles sold in the United States to have alcohol-detecting devices. It is the hope that these devices will stop drunk drivers before they get on the road. These...

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When a driver is unconscious they can be given a blood draw

On June 27, 2019, the United States Supreme Court (Mitchell v. Wisconsin), held that when a driver is unconscious and being taken to a hospital because of his or her condition, the exigent-circumstances doctrine generally permits a blood draw without a wa...

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Implied Consent Advisories

Kansas law requires that any law enforcement officer requesting a chemical test to determine if someone is under the influence of drugs, alcohol or both read testing notices. These were formerly known as implied consent advisories. On July 1, 2019, the te...

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Prior DUI conviction from the City of Wichita cannot be used to enhance a later DUI in the State of Kansas

The City of Wichita’s DUI ordinance prohibiting operation of a vehicle under certain circumstances, when the element of “vehicle” is defined more broadly than the “vehicle” element in the state DUI statute, it cannot be used to elevate a person...

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New Report Calls for Lowering Blood Alcohol Concentration Levels in All States

The National Academies of Sciences, Engineering, and Medicine is promoting legislation aimed at persuading states to lower the legal limit of alcohol (blood alcohol concentration) in a person’s system from .08 to .05. In an earlier blog, I shared that U...

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Criminalizing Refusal of Preliminary Screening Device Unconstitutional

The Kansas Court of Appeals ruled in State v. Robinson that laws criminalizing refusing a preliminary screening device (“PBT”) are unconstitutional. A preliminary screening device or preliminary breath test (PBT) is considered a field sobriety test. T...

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Drinking, Driving & the Holiday Season

Drinking, Driving & the Holiday Season The holiday season is again upon us which means drinking and driving becomes more prevalent. Each year, I give many presentations and write articles reminding people that the only way to avoid a DUI is to not dri...

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