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Olathe Criminal Law Blog

Ways to challenge a Breathalyzer test

Drunk driving charges are serious criminal charges that can result in extensive penalties and negative consequences for accused individuals. One way of challenging a drunk driving charge based on a Breathalyzer test is to challenge the reliability of the testing device.

Breathalyzer tests are used to measure the accused driver's blood alcohol content based on them blowing into the Breathalyzer device. There are certain requirements for a Breathalyzer test to be able to produce reliable results and it is important for accused individuals to be familiar with these requirements. Most importantly, it must be demonstrated that the Breathalyzer test can produce reliable results.

How can I challenge a field sobriety test being used against me?

A field sobriety test can sometimes lead to a drunk driving charge which makes it is essential for accused drivers to know how to challenge a field sobriety test. There are different methods of challenging a field sobriety test each of which accused drivers facing drunk driving charges that resulted from a field sobriety test they allegedly failed should be familiar with.

The accused driver may want to generally attack the reliability of field sobriety tests which studies have shown, even when conducted correctly, are only 81% to 91% reliable at determining intoxication. There are generally three types of field sobriety tests that authorities may administer to a driver including the horizontal gaze nystagmus test; walk and turn test; and one-leg stand test.

What is the difference between a felony and a misdemeanor?

Accused individuals may find themselves facing felony or misdemeanor charges and may wonder what the significance of one over the other is and what the difference is. Any type of criminal charge is serious, but it is helpful for accused individuals to know what they are facing when confronted with criminal charges of any type.

Felony charges are generally considered more serious criminal charges than misdemeanor criminal charges, but that does not mean that misdemeanor charges should not be taken seriously. Felony charges are generally considered crimes of moral turpitude and include murder, rape, kidnapping, arson, burglary and some others. Both felony and misdemeanor charges may be further categorized by severity depending on the state.

How long can you stand on one leg and why does it matter?

When you get together with college friends for some fun and relaxation in your free time, do you ever engage in friendly competition? If you're a member of your schools' sports teams or are simply the type of person who enjoys a great contest, you may not be a stranger to physical fitness games or even intellectual competitions, such as those involving random trivia facts.

If drinking is part of your social scene at college then you might want to make seeing how long you can stand on one leg part of your social contests. This would definitely be nothing more than a light-hearted affair if you do it while hanging out with friends. It could possibly cause you to go to jail if the person asking you to perform the task is a Kansas police officer who has pulled you over in traffic.

Kansas football players facing DUI charges

Criminal defense protections are important to be familiar with when facing DUI charges or any other criminal charges. Two Kansas University football lineman have been arrested recently on DUI charges. Most recently, an offensive lineman was arrested on suspicion of driving under the influence charges and prior to that, yet still this summer, a defensive lineman was arrested for suspicion of driving under the influence charges. The most recent arrest apparently occurred at a local Walgreens. The football program stated it is in the process of gathering all of the details of the situation.

Drunk driving charges can have a significant impact on the lives of accused individuals. Drunk driving charges can result in both criminal and administrative penalties that can include possible jail time, fines and driver's license suspension. Additional potential penalties and consequences are also possible depending on the situation. Drunk driving charges also create a criminal record that may cause both personal and professional problems for the accused individual down the road.

Plea bargaining basics and what to know about them

The plea bargaining process is an important part of the criminal justice system for any accused individual to understand and be familiar with. Many criminal cases are plea bargained, which is why it is essential that accused individuals understand what plea negotiations entail.

There are different types of plea bargains and there are two types that are most common. One type of plea bargain is "charge bargaining." Charge bargaining occurs when the accused individual pleads guilty to a lesser charge in exchange for authorities dropping more serious charges. Charge bargaining results in the charges against the accused individual being reduced.

The serious nature of drug trafficking charges

Violations of drug trafficking laws can carry serious potential penalties and consequences. As a result, individuals facing drug trafficking accusations and charges must be familiar with the legal options available to protect them. Criminal defense options range from challenging the facts as alleged by police to challenging police conduct or procedure.

Drug trafficking charges penalize transporting, selling or illegally importing unlawful controlled substances including marijuana, cocaine, heroin, methamphetamine and other illegal drugs as well. The penalties for drug trafficking can be harsh and depend on the amount and types of drugs allegedly trafficking, where the drug trafficking allegedly took place and if children were involved. Penalties for drug trafficking include possible incarceration which can range from 3 to 5 years to life in prison. Additional penalties, such as fines and others, may also be possible in addition to a possible criminal record.

Drunk driving charges cannot be taken lightly

Drunk driving charges can spell serious disruption for the lives of accused individuals. The potential penalties and consequences, even for a first-time DUI, can be serious. Individuals accused of driving under the influence must know how to respond.

In Kansas, a conviction for a first DUI requires that an individual serve time before any probation period can begin. Additionally, steep fines are possible as well as license suspension and the possible requirement that the accused individual install an ignition interlock device on their vehicle. The accused individual can also be left with a criminal record which may impact education and employment opportunities down the road.

What is a misdemeanor charge and what can I do about one?

If you are facing a misdemeanor charge, you may wonder what that means for you and for your future. Misdemeanor charges are a category of criminal charges that are generally less serious than felony charges but should not be taken lightly because they can still result in serious penalties and consequences for the accused individual.

Misdemeanor charges may be considered less serious than felony charges but they are also more serious than infractions. While misdemeanors may be punished by a year or less in jail, a felony charge can be punished by a year or greater in prison. Infractions do not result in jail time. All criminal charges can carry the potential for fees and may result in a criminal record and criminal history that can significantly impact the accused individual.

As a driver, what types of tickets are you at risk of receiving?

Driving your vehicle may be one of your favorite activities. You may volunteer to drive whenever you and your friends go out for the evening, or you may simply enjoy going for drives on your own to pass the time. Because you often find yourself on the road, you may also be aware of the possibility of traffic tickets that could come your way.

You may not intentionally set out to commit an act that warrants a traffic ticket or that could put other travelers in harm's way. Still, even the most conscientious drivers can end up facing a ticket for one reason or another. As you consider this possibility, you may want to gain information on the different types of violations.

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