Kansas Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Kansas or Court of Appeals of Kansas where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Jenkins - 2/1/2002
Appeal from Sedgwick district court, REBECCA L. PILSHAW, judge.
Affirmed.
Michael Jenkins appeals his jury conviction of two counts of involuntary manslaughter and one count of making false information following a traffic...
State v. Musick - 1/18/2002
Appeal from Finney District Court; MICHAEL L. QUINT, judge.
Affirmed.
Andrew J. Musick IV was convicted of cultivation of marijuana, a severity level 3 drug felony. He appeals the trial court's denial of his motion to...
City of Pratt v. Stover - 10/19/2001
Appeal from Pratt district court; ROBERT J. SCHMISSEUR, judge.
Affirmed.
Stuart Stover appeals his K.S.A. 2000 Supp. 8-1567(a)(3) driving under the influence (DUI) conviction. The only issue is whether Florida v. J.L., 529...
Drake v. Kansas Dept. of Revenue - 10/19/2001
Appeal from Barton district court; MIKE KEELEY, judge.
Affirmed.
Appellant Ronald L. Drake brings this appeal under the Kansas Implied Consent Law, K.S.A. 8-1001 et seq. Drake appeals the Barton County District Court's...
State v. Peterson - 9/14/2001
Appeal from Geary District Court; LARRY E. BENGTSON, judge.
Affirmed.
The defendant, William Peterson, spent 4 days, 3 hours, and 12 minutes in jail prior to imposition of sentence as a second-time offender for driving...
Johnson v. Kansas Department of Revenue - 7/20/2001
Appeal from Barton District Court; MIKE KEELEY, judge
Reversed and remanded with instructions.
Michael Scott Johnson appeals the district court's order allowing a Kansas Division of Vehicles hearing officer to reconsider...
State v. Rose - 7/20/2001
Appeal from Pratt District Court; ROBERT J. SCHMISSEUR, judge
Affirmed.
Gary L. Rose appeals his conviction of driving while under the influence of alcohol. On appeal, Rose argues that the district court erred in admitting...
City of Wichita v. Maddox - 6/1/2001
This case raises questions regarding the procedure and results of appeals from municipal courts.
The factual background and proceedings are as follows:
Clifford A. Maddox, Jr., was arrested in the City of Wichita for...
Aten v. Kansas Dept. of Revenue - 5/4/2001
Appeal from Phillips District Court; CHARLES E. WORDEN, judge.
Affirmed.
Plaintiff Brett Aten appeals the district court's affirmance of the administrative suspension of his driver's license for one year after finding that...
Herron v. Gabby's Goodies - 5/4/2001
Appeal from Sedgwick District Court; MARK A. VINING, judge.
Reversed and remanded with directions.
The Crime Victims Compensation Board (Board) appeals a district court's determination that its subrogation lien should be...
State v. Cuchy - 3/9/2001
Appeal from Pottawatomie district court; TRACY D. KLINGINSMITH, judge.
Reversed and remanded with directions.
This is a consolidated appeal taken by the State from the district court's dismissals of driving under the...
State v. Gray - 3/9/2001
Appeal from Barton district court; HANNELORE KITTS, judge.
Affirmed in part, reversed in part, and remanded with directions.
The State of Kansas appeals from the trial court's dismissal of charges against James W. Gray for...
Petty v. City of El Dorado - 3/9/2001
Appeal from Butler district court; MIKE WARD, judge.
Affirmed in part and reversed in part.
The City of El Dorado (City) appeals the district court's determination that the provision of a municipal diversion agreement...
State v. Thomas - 3/2/2001
Appeal from Sedgwick District Court; JAMES FLEETWOOD, judge.
Affirmed.
James E. Thomas appeals his convictions of driving while a habitual violator, no proof of liability insurance, and driving without an assigned tag. On...
State v. Chacon-Bringuez - 2/23/2001
Appeal from Sumner District Court; THOMAS H. GRABER, judge.
Affirmed.
Defendant William H. Chacon-Bringuez appeals the conviction of driving under the influence (DUI), i.e., operating a vehicle while his blood alcohol...
State v. Sandifer - 1/26/2001
Appeal from Wyandotte district court; PHILIP L. SIEVE, judge.
Affirmed.
This is a direct appeal by the appellant, John E. Sandifer, of his conviction by a jury of one count of felony murder and one count of aggravated...
State v. Box - 12/22/2000
Appeal from Johnson District Court; PETER V. RUDDICK, judge.
Reversed and remanded with directions.
The State filed an interlocutory appeal from the trial court's decision granting defendant Steven E. Box's motion to...
City of Coffeyville v. International Brotherhood of Electrical Workers - 12/8/2000
Appeal from Montgomery district court; JACK L. LIVELY, judge.
Reversed and remanded with directions.
This appeal arises out of the private arbitration undertaken by the parties regarding the discharge of an employee of the...
State v. Hunt - 12/8/2000
Appeal from Saline district court; DANIEL L. HEBERT, judge.
Affirmed.
Tony Hunt was convicted by a jury of second-degree murder (K.S.A 1999 Supp. 21-3402) and attempted first-degree murder (K.S.A. 21-2401 and K.S.A....
State v. Ludes - 9/8/2000
Appeal from Harvey District Court; RICHARD B. WALKER, judge.
Reversed and remanded with directions.
Michael R. Ludes appeals after being convicted of driving under the influence of alcohol (DUI). On appeal, Ludes contends...
State v. Johnson - 7/28/2000
Appeal from Norton District Court; CHARLES E. WORDEN, judge.
Affirmed.
GREEN, J.
Paul Johnson was convicted of felony domestic battery, criminal damage to property, and criminal trespass. Johnson stipulated to having...
State v. Petz - 7/28/2000
Appeal from Ellis District Court; WILLIAM J. MADDEN, judge.
Vacated and remanded.
Defendant Jerome Dale Petz was charged with 24 separate counts of criminal violations, all in one complaint. After negotiations, defendant...
In re Platt - 6/16/2000
ORIGINAL PROCEEDING RELATING TO JUDICIAL CONDUCT
Original proceeding relating to judicial conduct.
Public censure.
This is an original proceeding in discipline involving David R. Platt, a District Judge of the 8th...
State v. Baker - 6/2/2000
SYLLABUS BY THE COURT
1. The DC-27 form promulgated by the Kansas Department of Revenue, if properly completed, is a tool which satisfies the foundational requirements for admission of the results of a defendant's blood alcohol...
State v. Biarda - 5/18/2000
SYLLABUS BY THE COURT
Time attributable to an agreed request for a continuance to obtain diversion should generally be attributed to the defendant for the purpose of computing speedy trial compliance.
Appeal from Lyon...
City of Colby v. Granston - 5/12/2000
Appeal from Thomas District Court; GLENN D. SCHIFFNER, judge.
Affirmed.
Ross R. Cranston was convicted in the Municipal Court of Colby, Kansas, for driving under the influence, obstruction of legal process, and failure to...
Fletcher v. Anderson - 3/31/2000
Appeal from Sedgwick District Court; DAVID W. DEWEY, judge.
Reversed and remanded.
This is a garnishment action in which Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) appeals from the trial court's denial of its...
Stafford v. State Farm Mutual Insurance Company - 3/17/2000
Appeal from Crawford District Court; NELSON E. TOBUREN, judge.
Affirmed.
State Farm Mutual Automobile Insurance Company (State Farm) appeals the summary judgment decision awarding the Staffords $50,000 in underinsured...
State v. Alexander - 3/10/2000
Appeal from Sedgwick district court; GREGORY L. WALLER, judge.
Affirmed.
This is a direct appeal by the defendant, Patricia A. Alexander, from her conviction for the first-degree murder of Walter Young. Alexander raises six...
State v. Hartman - 2/25/2000
Appeal from Sedgwick District Court; ERIC YOST, judge.
Affirmed.
Defendant Hugh G. Hartman entered a plea of guilty to two charges of driving under the influence (DUI) in violation of K.S.A. 1995 Supp. 8-1567. He appeals...
State v. Hartman - 1/21/2000
Appeal from Ellis District Court; EDWARD E. BOUKER, judge.
Affirmed.
Henry Hartman appeals his conviction for driving while under the influence of alcohol (DUI), in violation of K.S.A. 1998 Supp. 8-1567(a)(2), arguing lack...
State v. Creamer - 1/21/2000
Appeal from Stevens District Court; TOM R. SMITH, judge.
Affirmed.
Defendant Anthony Creamer's problems began one night in 1997 when he was driving his pickup truck and pulling a utility trailer down Highway 56 in Stevens...
Gross v. Kansas Department of Revenue - 1/7/2000
Appeal from Ellis District Court; EDWARD E. BOUKER, judge.
Affirmed.
Stephanie Ann Gross appeals the trial court's judgment affirming the Kansas Department of Revenue's (KDR) suspension of her driver's license.
During...
In the matter of Ketter - 11/5/1999
ORIGINAL PROCEEDING IN DISCIPLINE
Original proceeding in discipline. Opinion filed November 5, 1999. Three-year supervised probation.
This is an original proceeding in discipline filed by the office of the Disciplinary...
City of Dodge City v. Frey - 10/15/1999
SYLLABUS BY THE COURT
1. The prohibition against appeals provided in K.S.A. 22-3602(a) does not apply to pleas accepted by a Judge of a Kansas municipal court.
2. Under K.S.A. 22-3609, a defendant has the right to appeal to...
State v. Martinez - 9/24/1999
Appeal from Ford district court; VAN HAMPTON, Judge.
Reversed and remanded for further proceedings.
The State appeals the district court's dismissal of a felony count of driving under the influence (DUI) in the complaint...
Grimmett v. S & W. Auto Sales Co. - 9/17/1999
SYLLABUS BY THE COURT 1. A decision of the trial court does not become a final decision until the period for appeal has run and the case has not been appealed or, alternatively, the case has been appealed and finally adjudicated. 2....
State v. Robinson - 7/9/1999
Appeal from Reno district court, WILLIAM J. DICK, Judge. Opinion filed July 9, 1999. Reversed and remanded.
This is a direct appeal by the State from the dismissal of an information charging reckless aggravated battery under...
State of Kansas v. Slater - 7/9/1999
Appeal from Ellis district court, WILLIAM J. MADDEN, Judge. Opinion filed July 9, 1999. Reversed and remanded with directions
Walter Matthew Slater was charged with driving under the influence of alcohol. The trial court...
State v. Perez - 7/9/1999
Appeal from Finney district court in case No. 80,352; PHILLIP C. VIEUX, Judge. Affirmed in part, reversed in part, and remanded with directions. Review of a November 23, 1998, order of the Court of Appeals in case No. 81,814. The order...
State v. Jones - 7/9/1999
Appeal from Haskell district court; TOM R. SMITH, Judge.
Affirmed.
The defendant, Lorenzo Jones, appeals from a jury conviction of one count of second-degree murder in violation of K.S.A. 1998 Supp. 21-3402(a). Jones was...
Huelsman v. Kansas Department of Revenue - 6/4/1999
SYLLABUS BY THE COURT
Appeal from Saline district court; GEORGE R. ROBERTSON, Judge.
Reversed.
This is an appeal by the Kansas Department of Revenue (KDR) from the Saline County District Court's ruling that collateral...
City of Dodge City v. Wetzel - 5/28/1999
SYLLABUS BY THE COURT
Appeal from Ford district court; VAN HAMPTON, Judge.
Reversed and remanded.
The ultimate issue in this appeal is whether Dodge City loses subject matter jurisdiction over Russell Wetzel when a...
Thomas v. Kansas Department of Revenue - 5/7/1999
David A. Thomas appeals the 1-year suspension of driving privileges for refusing to submit to an alcohol or drug test as provided under K.S.A. 1998 Supp. 8-1001. Thomas contends the arresting officer's certification and notice of...
State v. Cravatt - 5/4/1999
Appeal from Cowley district court; ROBERT L. BISHOP, Judge.
Sood Patrick Cravatt was convicted of first-degree murder and aggravated assault. He claims on appeal that trial court instructions on voluntary intoxication denied him...
State v. Applegate - 3/5/1999
The State appeals, claiming that the district court abused its discretion by finding that the defendant's restitution obligation under K.S.A. 21-4610(d)(1) had been satisfied by the settlement in a civil suit.
On May 25, 1996,...
State v. Blair - 2/12/1999
Barbara J. Blair appeals her conviction for driving while under the influence of alcohol (DUI) pursuant to K.S.A. 1997 Supp. 8-1567(a)(3). Blair argues the State failed to introduce evidence that she was driving under the influence of...
Ruble v. Kansas Department of Revenue - 2/5/1999
Appeal from Barton District Court; MIKE KEELEY, Judge. Opinion filed February 5, 1999. Affirmed in part, reversed in part, and remanded with directions.
The Kansas Department of Revenue (KDR) appeals from the district court's...
Madison v. Department of Revenue - 12/18/1998
Appeal from Thomas District Court; GLENN D. SCHIFFNER, Judge. Opinion filed December 18, 1998. Affirmed.
Michael Madison appeals from the administrative suspension of his driver's license for refusing to take a breath test...
Reeves v. Carlson - 12/11/1998
Appeal from Lyon district court; JOHN O. SANDERSON, Judge. Opinion filed December 11, 1998. Affirmed.
An intoxicated driver appeals an award of punitive damages assessed against him by the district court in a personal injury...
Marquis v. State Farm Fire and Casualty Co. - 6/5/1998
Affirmed.
Barbi Marquis was severely injured in an automobile collision. Jerry Auck, driving a vehicle within the scope of his employment by his wife, caused Marquis' injuries. State Farm Fire and Casualty Company (State Farm)...
Meehan v. Kansas Department of Revenue - 5/29/1998
Appeal from Mitchell District Court; THOMAS M. TUGGLE, Judge.
Affirmed.
Benjamin E. Meehan appeals from a partial summary judgment ruling in favor of the Kansas Department of Revenue (KDR) regarding the suspension of his...
State v. Bishop - 4/17/1998
Affirmed.
This is a direct appeal by the defendant, Gary A. Bishop, from his convictions for driving under the influence of alcohol (K.S.A. 1997 Supp. 8-1567) and failure to maintain a single lane of traffic (K.S.A. 8-1522). ...
State v. Higgenbotham - 4/17/1998
Affirmed.
This case concerns the prosecutor's comments during closing argument, district court rulings during trial, and imposition of the hard 40 sentence.
Defendant Chester L. Higgenbotham, alias Matthew S. Murphy,...
Saliba v. Union Pacific Railroad Co. - 3/6/1998
Plaintiff filed a personal injury action against a railroad and three railroad employees to recover for injuries received when the vehicle plaintiff was driving collided with a train at a railroad crossing. The district court granted...
STATE v. WONDERS - 1/23/1998
The opinion of the court was delivered by
In this case of first impression involving the Fourth Amendment to the United States Constitution, we must determine whether Kansas should adopt the "plain feel" corollary of the plain...
STATE v. BROWN - 1/23/1998
The opinion of the court was delivered by
The trial court held that the defendant, Louis Brown, had been denied a speedy trial and dismissed the charges against the defendant. The State appeals this ruling.
Some...
WOODRUFF v. CITY OF OTTAWA - 12/30/1997
Plaintiffs Rebecca and Max Woodruff brought an action against the City of Ottawa, Kansas, (City) for wrongful death and personal injury arising when the Woodruffs' car was struck by an automobile driven by Douglas A. Totton, who was...
STATE v. BRIGGS - 12/19/1997
Larry J. Briggs appeals from his jury conviction and sentence for involuntary manslaughter.
On December 3, 1994, 81-year-old Verneta Stallings had slowly inched her car forward into an intersection when the car that Briggs was...
STATE v. JENKINS - 12/12/1997
The opinion of the court was delivered by
This is a first impression attorney contempt of court action. Joseph D. Johnson appeals his fine of $550 imposed by the district court. Johnson was sanctioned for (1) his failure to...
STATE v. WRIGHT - 11/21/1997
Troy D. Wright was involved in an automobile collision that caused the death of one person and serious injury to another person. Wright was convicted by a jury of involuntary manslaughter, aggravated battery, operating a car with a...
STATE v. SANFORD - 11/13/1997
Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 13, 1997, pursuant to Rule 7.04 (1997 Kan. Ct. R. Annot. 44).
Randall C. Sanford appeals his convictions by a...
STATE v. NELSON - 10/31/1997
The opinion of the court was delivered by
This is an appeal by the State of Kansas in a criminal prosecution from an order discharging the defendant on one count of a three-count complaint.
The State filed a three-count...
IN RE MITCHELL - 10/31/1997
This is an original proceeding in discipline filed by the Disciplinary Administrator's office against Robert L. Mitchell, of Wichita, an attorney admitted to the practice of law in Kansas.
The amended formal complaint filed...
CITY OF JUNCTION CITY v. CADORET - 10/31/1997
The opinion of the court was delivered by
The City of Junction City (City) appeals the dismissal of a driving under the influence of alcohol complaint against Albert E. Cadoret.
Cadoret was charged and convicted...
STATE v. LAFOE - 10/31/1997
Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated December 23, 1997, pursuant to Rule 7.04 (1997 Kan. Ct. R. Annot. 44).
This is an appeal by Nikki L. Lafoe from jury...
STATE v. JACKSON - 6/20/1997
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 10, 1997, pursuant to Rule 7.04 (1996 Kan. Ct. R. Annot. 40).
The State brings this interlocutory...
STATE v. MUCK - 5/30/1997
The opinion of the court was delivered by
This case addresses the foundational requirements for the admission of the result of a breath alcohol test and the interplay between the granting of defendant's motion for a mistrial and...
RICKE v. CITY OF EL DORADO - 5/30/1997
The opinion of the court was delivered by
This is a mandamus action brought by a practicing lawyer, David A. Ricke, against the City of El Dorado (City) and Doyle Eugene White, a municipal judge for the City. Ricke brought this...
STATE v. SALCIDO-CORRAL - 5/30/1997
The opinion of the court was delivered by
This is a direct appeal by the defendant, Manuel Salcido-Corral, from his convictions of first-degree felony murder, aggravated criminal sodomy, aggravated indecent liberties with a...
STATE v. CHAPMAN - 5/23/1997
This is an interlocutory appeal by the State from an order suppressing evidence obtained pursuant to a stop of a vehicle driven by Douglas J. Chapman. We affirm.
Kansas Highway Patrol Trooper Rich Jimerson stopped Chapman for...
CITY OF DODGE CITY v. HADLEY - 4/18/1997
The opinion of the court was delivered by
Robert Hadley was convicted of driving under the influence (DUI) and transportation of an open alcoholic beverage container and sentenced. Hadley filed a notice of appeal from...
CITY OF DODGE CITY v. NORTON - 4/18/1997
The opinion of the court was delivered by:
Plaintiff City of Dodge City (City) appeals the district court's dismissal of the complaint charging defendant Norman
Norton with driving under the influence of alcohol (DUI),...
STATE v. BEERBOWER - 4/18/1997
The opinion of the court was delivered by
This is an appeal by the State, pursuant to K.S.A. 22-3602(b)(1), from the dismissal on double jeopardy grounds of charges of driving under the influence and while suspended against Gary...
STATE v. FORD - 4/18/1997
The opinion of the court was delivered by
Teri Jane Ford was convicted of one count of conspiracy to deliver marijuana and was sentenced to imprisonment for 18 months. She appeals the sentence. The case was transferred by this...
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