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. IRONS - 2/28/1992
The opinion of the court was delivered by
Brandon N. Irons was charged with aggravated escape from custody, K.S.A. 21-3810, and at trial was found guilty by a jury. Irons took a direct appeal to the Court of Appeals,
...
STATE v. RUBICK - 2/28/1992
John J. Rubick (defendant-appellant) appeals his conviction on one count of driving while under the influence. K.S.A. 8-1567(a). At the trial, Darrell Pressnell, a Kansas Highway Patrol Trooper, testified that he observed a pickup...
MEIGS v. KANSAS DEPT. OF REVENUE - 2/14/1992
This appeal involves the suspension of a driver's license by the Kansas Department of Revenue. At the administrative hearing held in this matter, the appellee's driver's license was suspended for a period of one year for refusing to...
MUSICK v. KANSAS DEPT. OF REVENUE - 2/7/1992
The Department of Revenue appeals from the district court's finding that Craig Musick's prior Uncounseled conviction of driving while under the influence could not be used as a basis for extending the period of his driver's license...
STATE v. YURA - 1/17/1992
The opinion of the court was delivered by
This is a probation revocation, first-impression case. We are reviewing (1) a ruling that criminal charges used as a basis for probation revocation must be resolved prior to a probation...
IN RE GILMAN - 12/6/1991
This is an original proceeding in discipline filed by the disciplinary administrator against David R. Gilman of Overland Park, Kansas, an attorney admitted to practice law in Kansas. The facts, as determined by a hearing panel of the...
CITY OF OTTAWA v. LESTER - 11/27/1991
Steven L. Lester appeals from the district court's ruling affirming the municipal court's denial of his motion to withdraw his guilty plea. The basis of Lester's motion was his claim that the municipal court misinformed him concerning...
STATE v. TEETER - 10/25/1991
The opinion of the court was delivered by
In this criminal action, the district magistrate determined at preliminary hearing that the inventory search of an automobile owned by Fred D. Teeter was an illegal search and
...
STATE v. WILLIAMS - 7/3/1991
This is an appeal by the defendant from his conviction on one count of rape. As a result of that conviction, the defendant was sentenced to a term of not less than 10 nor more than 25 years in the custody of the secretary of...
STATE v. CHAPMAN - 6/28/1991
Timothy C. Chapman, defendant, appeals his conviction for speeding (K.S.A. 1990 Supp. 8-1336), claiming that he was denied his right to trial by jury. We reverse and remand for further proceedings.
The material, undisputed facts...
STATE v. BARRAZA-FLORES - 6/21/1991
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 4, 1991, pursuant to Rule 7.04 (1990 Kan. Ct. R. Annot. 33).
Rafael Barraza-Flores appeals...
IN RE VORHIES - 5/24/1991
This is an original attorney discipline proceeding filed by the Office of the Disciplinary Administrator against Maurice E. Vorhies, of Wichita, Kansas.
The stipulated facts may be summarized as follows. In January of 1990 the...
STATE v. LUFT - 5/24/1991
The opinion of the court was delivered by
This is a direct appeal by the defendant, Howard R. Luft, from his conviction by a jury of aggravated vehicular homicide, contrary to K.S.A. 1990 Supp. 21-3405a.
Luft raises a...
STATE v. BERBERICH - 5/24/1991
The opinion of the court was delivered by
Thomas A. Berberich was convicted by a jury of: (1) possession of methamphetamine, K.S.A. 1988 Supp. 65-4127b(a)(2); (2) possession of drug paraphernalia, K.S.A. 65-4152; (3) possession...
STATE v. FRAZIER - 5/24/1991
The opinion of the court was delivered by
This is an appeal by the State of Kansas on a question reserved pursuant to K.S.A. 22-3602(b)(3). The question is whether a minor 17 years of age, who is convicted a third time for...
PODREBARAC v. KANSAS DEPT. OF REVENUE - 3/22/1991
The Kansas Department of Revenue (KDR) appeals from the district court's order reinstating the driving privileges of Damian Podrebarac after an administrative suspension. The district court determined that the breath test KDR relied on...
STATE v. RIEDL - 3/15/1991
Ronald Riedl was convicted of failure to stop at a stop sign, driving while under the influence of alcohol or drugs, refusing to submit to a preliminary breath test, and failure to stop at the scene of an accident. Other charges of...
STATE v. JAMISON - 3/1/1991
The opinion of the court was delivered by
This is a direct appeal by the State pursuant to K.S.A. 22-3602 (b)(1) from an order of the district court dismissing an information and complaint filed against Howard D. Jamison
...
STATE v. WALDEN - 12/28/1990
The defendant, Clare E. Walden, appeals his conviction under the Habitual Violator Act, K.S.A. 8-284 et seq., claiming that his three qualifying convictions did not all occur "within the immediately preceding five years," as required...
STATE v. URBANEK - 12/21/1990
This case concerns an apparent discrepancy between two statutes, K.S.A. 1989 Supp. 8-1567(e) and K.S.A. 21-4614. The issue involved is whether the trial court erred in requiring that defendant Stephanie Urbanek serve five consecutive...
IN RE ESTATE OF RANEY - 10/26/1990
The opinion of the court was delivered by
This is an appeal from the trial court's judgment finding that the decedent, Carl Edward Raney, lacked testamentary capacity at the time of the execution of his will because of an insane...
STATE v. SMITH - 10/26/1990
The opinion of the court was delivered by
This is a "speedy trial" case arising from a multi-count, misdemeanor/felony complaint. The issue is presented to us by the State's appeal pursuant to K.S.A. 22-3602(b)(1). The...
CITY OF PRAIRIE VILLAGE v. EDDY - 7/13/1990
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 12, 1990, pursuant to Rule 7.04 (1989 Kan. Ct. R. Annot. 34).
In this interlocutory appeal,...
STATE v. BURNISON - 7/13/1990
The opinion of the court was delivered by
Oscar L. Burnison, Roger P. Oden, and James H. "Fuzzy" Widener appeal their first-degree murder convictions (K.S.A. 21-3401), claiming the trial court erred in (1) admitting physical...
STATE v. WALBRIDGE - 6/22/1990
Gilbert Walbridge, Sr., appeals the trial court's order requiring him to serve four months in the custody of the sheriff of Cloud County as a condition of his probation. Walbridge contends the trial court's imposition of four months'...
CITY OF DODGE CITY v. RABE - 6/15/1990
This is a direct appeal by Kenny Rabe from his conviction for driving under the influence of alcohol (DUI). Rabe was convicted in the Municipal Court of Dodge City, Kansas, and appealed that conviction to the District Court of Ford...
STATE EX REL. STEPHAN v. KANSAS RACING COMM'N - 5/25/1990
The opinion of the court was delivered by
This is an original action in mandamus brought by the attorney general against the Kansas Racing Commission (Commission), individual members of the Commission, and James R....
STATE v. SHAFFER - 3/23/1990
This is a direct appeal by Kelly Shaffer from his adjudication as a habitual violator pursuant to K.S.A. 8-284 et seq.
Shaffer argues the trial court's failure to comply with the certification requirements of K.S.A. 1989 Supp....
STATE v. GRIFFIN - 3/2/1990
The opinion of the court was delivered by
Dane Griffin was charged with possession of cocaine (K.S.A. 1989 Supp. 65-4127a, K.S.A. 1989 Supp. 65-4107 ) (Count 1); sale of cocaine (K.S.A. 1989 Supp. 65-4127a, K.S.A. 1989 Supp....
STATE v. DAMM - 3/2/1990
The opinion of the court was delivered by
This is an appeal by the State from an order of the trial court suppressing evidence, discharging defendant, Norman H. Damm, and dismissing the case. This is not an interlocutory appeal,...
STATE v. SPEARS - 3/2/1990
The opinion of the court was delivered by
Jack Leroy Spears appeals his jury trial convictions of first-degree felony murder (K.S.A. 21-3401), aggravated robbery (K.S.A. 21-3427), theft (K.S.A. 1987 Supp. 21-3701), and forgery...
BUCHANAN v. KANSAS DEPT. OF REVENUE - 12/29/1989
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated January 29, 1990, pursuant to Rule 7.04 (1989 Kan. Ct. R. Annot. 34).
The Kansas Department of Revenue...
SCHOWENGERDT v. KANSAS DEPT. OF REVENUE - 12/29/1989
Paul Schowengerdt appeals from the district court's affirmance of the suspension of his driver's license by the Department of Revenue. Schowengerdt contends on appeal that the driving privileges of a driver whose license has expired...
STATE v. WADDELL - 12/22/1989
The defendant/appellant, Phillip L. Waddell, appeals from the denial by the trial court of his motion to suppress the introduction of certain evidence obtained in the search of his person.
Finding no error, we affirm.
On...
STATE v. MARTIN - 12/22/1989
Michael L. Martin, defendant, appeals the district court's finding that, as a matter of law, he could not serve the 90 days of imprisonment required under K.S.A. 1988 Supp. 8-1567(f) in a work release facility. We affirm.
The...
STATE v. LIEURANCE - 11/22/1989
This is a direct appeal by the defendant, Vernon L. Lieurance, from his conviction for driving under the influence, contrary to K.S.A. 1987 Supp. 8-1567(a)(1). Defendant's breath test result was .234.
1. Verification by a Notary ...
STATE v. KRISTEK - 11/9/1989
This is an interlocutory appeal by the State from the suppression of the results of the defendant's breath alcohol test.
The defendant moved to suppress the results of the breath alcohol test, claiming he had twice requested an...
CITY OF TONGANOXIE v. JACK - 11/8/1989
The appellant, John M. Jack, appears before this court pro se to appeal his conviction for driving under the influence of alcohol in violation of Ordinance No. 763, Article VI, Section 30, of the municipal code of the City of...
STATE v. WEBER - 6/16/1989
David J. Weber appeals his conviction for driving while adjudicated a habitual violator pursuant to K.S.A. 8-287.
Weber raises the issue of whether a person adjudicated a habitual violator can be imprisoned for violating K.S.A....
IN RE YANDELL - 4/14/1989
This original proceeding was instituted before the Kansas Commission on Judicial Qualifications (Commission), to inquire into the conduct of the Hon. William H. Yandell, district judge of the 30th Judicial District. The notice of...
RAMIREZ v. KANSAS DEPT. OF REVENUE - 3/10/1989
Kansas Department of Revenue (Department) appeals a Johnson County District Court decision holding that Guillermo Ramirez, after initially refusing a breath test to determine the presence of alcohol, should have been given every...
STATE v. DOILE - 3/3/1989
The opinion of the court was delivered by
Curtis L. Doile appeals his bench trial convictions of driving with a suspended license (K.S.A. 1988 Supp. 8-262), possession of drug paraphernalia (K.S.A. 65-4152), possession of...
BRIDGES v. BENTLEY - 3/3/1989
The opinion of the court was delivered by
Plaintiff, Mark A. Bridges, suffered personal injuries when he was struck by a truck while he was giving assistance to victims of another vehicular accident. The jury found plaintiff's...
WOODHEAD v. KANSAS DEPT. OF REVENUE - 12/9/1988
Plaintiff David Woodhead appeals the judgment of the district court entering summary judgment against him on his petition for review from an order of the Department of Revenue suspending his driver's license. We affirm.
The...
STATE v. WHITEHURST - 11/10/1988
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 22, 1989, pursuant to Rule 7.04 (1989 Kan. Ct. R. Annot. 33).
James J. Whitehurst appeals his...
STATE v. HUDON - 10/28/1988
The opinion of the court was delivered by
In this appeal by the State, we are asked to determine two issues. Appellate jurisdiction of the first issue is claimed under K.S.A. 1987 Supp. 22-3602(b)(1), that is, an appeal " rom an...
CITY OF DERBY v. LACKEY - 10/28/1988
The opinion of the court was delivered by
This is a misdemeanor speedy trial case which originated in the municipal court. The City of Derby appeals the district court's dismissal of the offense of driving under the influence of...
ANGLE v. KANSAS DEPT. OF REVENUE - 9/23/1988
Plaintiff, George Angle, appeals from the district court's order upholding suspension of his driver's license for refusing to submit to a breath alcohol test pursuant to K.S.A. 8-1001 et seq. Defendant, Kansas Department of Revenue...
STATE v. HICKEY - 9/9/1988
On February 9, 1986, a semi-trailer driven by Harold M. Hickey left the southbound roadway of Interstate 35, crossed the median, and collided with two vehicles in the northbound lanes. All but two of the occupants of the two northbound...
STATE v. GRAHAM - 7/22/1988
The State appeals the trial court's ruling dismissing a habitual violator petition due to the failure of the Kansas Department of Revenue, Division of Vehicles, to certify the defendant's record forthwith under K.S.A. 8-286 and the...
STATE v. FIKE - 6/14/1988
The opinion of the court was delivered by
James G. Fike appeals his conviction by a jury of one count of indecent liberties with a child, K.S.A. 1987 Supp. 21-3503(1)(b), a class C felony. His conviction was affirmed by the Court...
BARNHART v. KANSAS DEPT. OF REVENUE - 6/3/1988
The opinion of the court was delivered by
Maurice G. Barnhart appeals from a decision of the Thomas County District Court which upheld the suspension of his driver's license by the appellee Kansas Department of Revenue, Division...
STATE v. HENWOOD - 6/3/1988
The opinion of the court was delivered by
This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(1) from the district court's granting of the defendant's motion to dismiss one count of theft, K.S.A. 1987 Supp....
STATE v. TRUDELL - 4/29/1988
The opinion of the court was delivered by
This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(1) from the district court's dismissal, upon defendant Stephen Trudell's motion, of one count of aggravated...
THIES v. COOPER - 4/29/1988
The opinion of the court was delivered by
Under the authority of the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq., the United States
District Court, Wichita, Kansas, asks: whether, under Kansas...
STATE v. HIGGINS - 4/29/1988
The opinion of the court was delivered by
The defendant, Dwight Higgins, was convicted
by jury trial of one count of aggravated robbery (K.S.A. 21-3427), one count of aggravated battery (K.S.A. 21-3414), and one count...
STATE v. GEORGE - 4/21/1988
Defendant-appellant Gregory George appeals his conviction for driving under the influence of alcohol, K.S.A. 1987
Supp. 8-1567. George contends the trial court erred in admitting the results of the State's breath test, K.S.A....
CITY OF OVERLAND PARK v. DENNING - 12/21/1987
Kenneth J. Denning was convicted in the Municipal Court of Overland Park, Kansas, of violating city ordinance 12.04.030, which prohibits a person from operating or attempting to operate a vehicle within the city while "(1) he alcohol...
STATE v. ADAMS - 10/30/1987
The opinion of the court was delivered by
The defendant appeals from convictions on one count of involuntary manslaughter (K.S.A. 1986 Supp. 21-3404) and one court of driving under the influence of alcohol (K.S.A. 1986 Supp....
STATE v. DOEDEN - 10/6/1987
This is an interlocutory appeal filed by the State from the trial court's order suppressing the results of an alcohol test of the blood of Charles L. Doeden done with his consent.
Doeden is charged in Barton County District Court...
STATE v. GOODNOW - 10/6/1987
This is an appeal by defendant Daryl S. Goodnow from a jury verdict finding him guilty of five counts of involuntary manslaughter. K.S.A. 1986 Supp. 21-3404.
The facts surrounding this case are centered around a two-vehicle...
STATE v. ADEE - 7/17/1987
The opinion of the court was delivered by
This is an appeal by the State upon a question reserved as authorized by K.S.A. 22-3602(b)(3). At issue is the propriety of a district court ruling that K.S.A. 1986 Supp. 8-1001(g) does...
STATE v. FRAKER - 7/9/1987
The defendant, Dennis K. Fraker, appeals a jury conviction for driving under the influence of alcohol, K.S.A. 1985 Supp. 8-1567(a)(2).
On January 4, 1986, a Kansas Highway Patrol trooper arrested defendant for driving under the...
STATE v. LARSON - 6/4/1987
Stanley E. Larson appeals his conviction for driving with a blood or breath alcohol concentration of .10 or above. K.S.A. 1986 Supp. 8-1567(a)(1).
On February 3, 1986, Kansas Highway Patrol Trooper Robert Shows stopped Larson for...
STATE v. WOODMAN - 4/16/1987
The defendant, George W. Woodman, appeals from convictions of aggravated vehicular homicide, K.S.A. 1986 Supp. 21-3405a, and driving while under the influence of alcohol, K.S.A. 1986 Supp. 8-1567.
During the early morning hours...
CITY OF OTTAWA v. BROWN - 4/10/1987
The defendant, Laura Brown, appeals from a jury conviction in the Franklin County District Court for driving with an alcohol concentration of .10 or more in violation of the Municipal Code of the City of Ottawa 13-102(b) (1986)...
STATE v. HIGGINS - 2/20/1987
The opinion of the court was delivered by
This is an appeal by the State on a question reserved, pursuant to K.S.A. 1986 Supp. 22-3602(b)(3), following a plea of guilty and sentence of the defendant, Paul D. Higgins, for driving...
STATE v. MILLER - 2/20/1987
The opinion of the court was delivered by
This is an appeal by the State on a question reserved, pursuant to the provisions of K.S.A. 1986 Supp. 22-3602(b)(3). The question arises from a ruling of the trial court that there was...
CITY OF JUNCTION CITY v. RILEY - 1/16/1987
The opinion of the court was delivered by
This is a criminal action wherein the City of Junction City appealed a district court order dismissing a complaint against Linda Riley.
This case was submitted to the Geary County...
STATE v. ARMSTRONG - 1/16/1987
The opinion of the court was delivered by
The defendant, Robert W. Armstrong, directly appeals his convictions by a Sedgwick County jury of two counts of first-degree murder for the murders of Don and Norma Earl. This was...
IN RE JOHNSON - 12/5/1986
Arno Windscheffel, disciplinary administrator, filed a complaint with the Board for Discipline of Attorneys (Board) against Darrel E. Johnson, an attorney admitted to the practice of law in Kansas. The complaint concerned a campaign...
STATE v. MOFFETT - 12/5/1986
The opinion of the court was delivered by
This is an appeal by the State pursuant to K.S.A. 22-3602 upon a question reserved. Defendant Mitchell A. Moffett pled guilty to a speeding charge and pled not guilty to a charge of...
IN RE HAMSTEAD - 12/4/1986
Petitioner, Debra K. Hamstead, appeals the district court's decision upholding the Department of Revenue's order suspending her driver's license for 120 days for refusing to submit to a chemical test for alcohol content of blood....
STATE v. ZITO - 11/13/1986
Defendant appeals his conviction, after trial to the court, of driving under the influence contrary to K.S.A. 1985 Supp. 8-1567. He raises three issues on appeal.
First, he contends the officer did not have sufficient probable...
STATE v. LOUIS - 10/31/1986
The opinion of the court was delivered by
This is a direct appeal by the defendant, Leonard R. Louis, Sr., from convictions by the district judge sitting without a jury. The case was submitted to the court on stipulated evidence....
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