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. KITZMAN - 10/31/1986
The opinion of the court was delivered by
The state appeals pursuant to K.S.A. 22-3602(b)(3) upon a question reserved at the appellee Robert A. Kitzman's sentencing hearing on February 6, 1986. The facts are as follows:
On...
CITY OF WICHITA v. HULL - 9/11/1986
This is a direct appeal by the defendant, Darrell D. Hull, from his conviction of driving while under the influence of drugs in violation of Wichita City Ordinance § 11.38.150(b). Defendant specifically raises two issues and discusses...
FUDGE v. CITY OF KANSAS CITY - 6/13/1986
The opinion of the court was delivered by
This is a wrongful death and survival action arising out of an automobile accident. The City of Kansas City and Kansas City police officers appeal from a jury verdict finding them 18% at...
STATE v. DREHER - 5/2/1986
The opinion of the court was delivered by
This is an appeal by the State from an order dismissing the charges against Marion E. Dreher for violation of the speedy trial statute.
The facts are not in dispute. Dreher was...
GONZALES v. STATE - 1/30/1986
Upon appeal from a Division of Vehicles driver's license suspension order, the Shawnee County District Court affirmed the Division's 120-day suspension of plaintiff Bruce W. Gonzales' driver's license for unreasonable refusal, on...
STATE v. McNAUGHT - 1/17/1986
The opinion of the court was delivered by
This is a direct appeal by the defendant, Dr. Thomas R. McNaught, from jury convictions of vehicular homicide (K.S.A. 21-3405), a class A misdemeanor, and driving under the influence of...
STATE v. BOOZE - 1/17/1986
The opinion of the court was delivered by
Lawrence N. Booze (defendant-appellant) appeals his sentence as a second offender for driving under the influence of alcohol. K.S.A. 1983 Supp. 8-1567(d). The defendant contends that a...
STATE v. BRUENINGER - 12/6/1985
The opinion of the court was delivered by
This is an appeal by the State from an order of the Shawnee County District Court dismissing a charge of driving under the influence (K.S.A. 1984 Supp. 8-1567) against Jill Brueninger. ...
CARSON v. DIVISION OF VEHICLES - 4/29/1985
The opinion of the court was delivered by
The Division of Vehicles, Kansas Department of Revenue (KDR or the department) appeals a district court determination that the department's administrative suspensions of drivers' licenses...
STATE v. PITCHFORD - 4/11/1985
This is an interlocutory appeal taken by the State from the district court's order suppressing the results of the defendant's blood test on the basis of the physician-patient privilege under K.S.A. 60-427.
On May 26, 1984, Butler...
STATE v. MEREDITH - 3/2/1985
The opinion of the court was delivered by
This is an appeal on a question reserved by the State in a driving under the influence (DUI) case. Barton Meredith entered a plea of no contest to his second offense of driving under the...
STATE v. KERLEY - 3/2/1985
The opinion of the court was delivered by
Cameron J. Kerley was convicted of second-degree murder (K.S.A. 21-3402) for the September 3, 1983, killing of his adoptive father. The conviction was by a plea of guilty. Mr. Kerley was...
STATE v. BRISTOR - 11/30/1984
The opinion of the court was delivered by
This case is before the court on a Petition for Review of the decision of the Court of Appeals found at 9 Kan. App. 2d 404, 682 P.2d 122 (1984). The State appealed the trial court's...
STATE v. ARMSTRONG - 10/26/1984
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. 22-3602(b)(3).
The question arises from a ruling of the trial court suppressing evidence...
STATE v. PRESS - 10/2/1984
This is an interlocutory appeal by the State from the trial court's pretrial suppression of evidence obtained in an illegal search of defendant's vehicle after his arrest for violation of K.S.A. 1983 Supp. 8-1567 — DUI misdemeanor. ...
STATE v. SHOFLER - 9/6/1984
Kenneth Shofler, the defendant, appeals a conviction of obstructing legal process or official duty (K.S.A. 21-3808).
On October 19, 1982, a Kansas highway patrolman stopped a pickup truck on Highway 54 in Kingman County for...
STANDISH v. DEPARTMENT OF REVENUE - 7/13/1984
The opinion of the court was delivered by
This is an appeal by the Department of Revenue from an order of the Barton District Court reversing an administrative order suspending the driver's license of Scott F. Standish. The...
STATE v. CLEVENGER - 7/13/1984
The opinion of the court was delivered by
This is an appeal by Richard E. Clevenger from his conviction of two counts of vehicular homicide, K.S.A. 21-3405, and one count of driving under the influence (DUI) of alcohol, K.S.A....
STATE v. HOLLINS - 5/24/1984
The defendant, Carl S. Hollins, appeals a conviction of felony theft. On September 20, 1980, the defendant rented a white Oldsmobile Delta 88 from U-Drive-It Systems in Wichita. The car's vehicle identification number was...
STATE v. CAMPBELL - 5/17/1984
Emery Campbell was convicted of driving under the influence of alcohol and transporting an open container of liquor in April, 1983. In August he was again convicted of DUI. In each case he was sentenced as a third offender under K.S.A....
STATE v. GEORGE - 5/17/1984
Wayman L. George (defendant) appeals the trial court's failure to dismiss a prosecution for driving under the influence of alcohol (K.S.A. 8-1567) on statutory speedy trial grounds.
Defendant was arrested on August 6, 1982....
IN RE HOCKENBURY - 5/10/1984
Respondent Shawn Hockenbury was adjudicated to be a miscreant child. He appeals from an order of the district court denying his motion to dismiss the petition alleging miscreancy for lack of jurisdiction.
Hockenbury, who was...
STATE v. WANTTAJA - 5/3/1984
This is an interlocutory appeal by the State from the trial court's decision on the day of trial to suppress the results of a blood alcohol test administered to defendant, Ralph Wanttaja.
Defendant was arrested on October 1,...
STATE v. BRISTOR - 5/3/1984
This is an appeal by the State from the trial court's order suppressing the results of a blood alcohol test (BAT) which was administered to defendant-appellee Randy Bristor shortly after his arrest for driving under the influence of...
STATE v. DICKSON - 5/3/1984
Defendant appeals from his conviction for the misdemeanor offense of driving while under the influence of alcohol or drugs in violation of K.S.A. 8-1567 (DUI). His sentence includes one year's imprisonment. Defendant was tried by the...
STATE v. HELGESON - 4/27/1984
Brian M. Helgeson appeals from his conviction of one count of driving while under the influence of alcohol (D.U.I.), K.S.A. 8-1567(a), and the sentence entered by the court pursuant to K.S.A. 8-1567(d). We note that the statute was...
STATE v. OEHM - 4/26/1984
Upon his conviction of driving while under the influence of alcohol (K.S.A. 1983 Supp. 8-1567 ), defendant was sentenced as a second offender to 90 days' imprisonment and additional penalties (K.S.A. 1983 Supp. 8-1567 ). The...
DIVINE v. GROSHONG - 3/24/1984
The opinion of the court was delivered by
The plaintiff, Melba Jeanne Divine, guardian and conservator of James L. Winfree, appeals from the judgment entered in the District Court of Johnson County upon the verdict returned by a...
STATE v. DESKINS - 12/2/1983
The opinion of the court was delivered by
This is an interlocutory appeal, pursuant to K.S.A. 22-3603, by the State of Kansas from an order of the district court suppressing certain evidence in a prosecution for driving while...
STATE v. OSOBA - 12/2/1983
The opinion of the court was delivered by
Barbara E. Osoba (defendant-appellant) appeals her sentence as a second offender for driving under the influence of alcohol (K.S.A. 8-1567 ). The conviction of the first offense did not...
CITY OF OVERLAND PARK v. BARRON - 12/2/1983
The opinion of the court was delivered by
This is an appeal by the city of Overland Park, pursuant to K.S.A. 22-3602(b)(1), from an order of the district court of Johnson County dismissing a complaint charging defendant, Donald...
STATE v. BICKFORD - 12/2/1983
The opinion of the court was delivered by
This is an appeal by the State of Kansas in a traffic prosecution from an order of the Shawnee County District Court dismissing one count of a two-count traffic complaint against the...
STATE v. MOURNING - 6/10/1983
The opinion of the court was delivered by
This is an appeal by the State from an order of the Sedgwick County District Court dismissing a complaint charging Ronald E. Mourning (defendant-appellee) with driving under the influence...
STATE v. COMPTON - 6/10/1983
The opinion of the court was delivered by
The State of Kansas appeals in these drunken
driving cases from orders of the trial courts> declaring portions of K.S.A. 8-1001 and 8-1567 unconstitutional. The defendants,...
STATE v. PRICE - 6/10/1983
The opinion of the court was delivered by
The defendant, David L. Price, appeals from a
conviction by a jury of one count of driving under the influence of alcohol, K.S.A. 8-1567, and one count of driving left of...
CITY OF KANSAS CITY v. GRIFFIN - 6/10/1983
The opinion of the court was delivered by
This is an appeal by the City of Kansas City, Kansas, from the dismissal of a criminal complaint charging the defendant, Alfred Griffin, with driving a vehicle while under the influence...
STATE v. REEVES - 6/10/1983
The opinion of the court was delivered by
This is an appeal on a question reserved by the State in a criminal action. K.S.A. 22-3602(b)(3). The defendant was charged with driving while under the influence of alcohol in violation...
STATE v. WARD - 3/26/1983
The opinion of the court was delivered by
This is an appeal by the prosecution from the district court's dismissal of the driving under the influence of intoxicating liquor (K.S.A. 8-1567) charge against defendant Wayne Ward. ...
STATE v. TOPPING - 3/24/1983
Defendant Robert Topping appeals his adjudication as a habitual violator under K.S.A. 8-284 et seq.
A petition was filed November 10, 1981 in Osage County District Court alleging that defendant was a habitual violator as defined...
STATE v. LOTTMAN - 10/2/1981
Defendant appeals from a conviction by a jury of involuntary manslaughter. The threshold issue is whether we have jurisdiction. That issue is one we are compelled to raise on our own motion. See 2 West's Kansas Digest, Appeal &...
STATE EX REL. COMM'N ON JUDICIAL QUALIFICATIONS v. ROME - 2/10/1981
This is an original proceeding in discipline against the Honorable Richard J. Rome, Associate District Judge of Reno County. This court has jurisdiction under Art. 3, § 15 of the Kansas Constitution.
The Commission on Judicial...
STATE v. RUSSELL - 1/17/1981
The opinion of the court was delivered by
This is an appeal by the prosecution pursuant to K.S.A. 1979 Supp. 22-3602(b)(1) from the trial court's dismissal of two counts of an information.
In the early morning hours of...
STATE v. SEYMOUR - 6/20/1980
This is an appeal by a 16-year-old driver from a 90-day suspension of driving privileges for driving left of center in violation of K.S.A. 8-1514. The sole issue on appeal is whether the district court had jurisdiction to suspend the...
STATE v. FISH - 6/14/1980
The opinion of the court was delivered by
This is an appeal by the State on a question reserved pursuant to K.S.A. 1979 Supp. 22-3602(b)(3). The defendant, Jack Leroy Fish, was charged with operating a motor vehicle while under...
STATE v. WILLIAMS - 4/25/1980
This is an interlocutory appeal by the State, pursuant to K.S.A. 1979 Supp. 22-3603, from the district court's order suppressing the results of a blood test.
During the early morning hours of July 15, 1978, Trooper Fred Waller of...
STATE v. GARNER - 4/5/1980
The opinion of the court was delivered by
This is an interlocutory appeal by the State of Kansas pursuant to K.S.A. 22-3603. Defendant, Joe F. Garner, is charged with driving while under the influence of intoxicating liquor...
STATE v. MEZINS - 3/14/1980
This is an interlocutory appeal taken by the State pursuant to K.S.A. 1978 Supp. 22-3603, from an order granting defendant's motion to suppress the results of a blood test.
Trooper Stackhouse of the Kansas Highway Patrol arrived...
STATE v. GARNER - 12/6/1979
Defendant stands charged with driving while under the influence of intoxicating liquor (K.S.A. 1978 Supp. 8-1567), transporting an open container of liquor (K.S.A. 41-804), and having no valid driver's license (K.S.A. 1978 Supp. 8-235...
STATE v. PARSON - 10/27/1979
The opinion of the court was delivered by
Appellant Steven Parson appeals from a conviction of involuntary manslaughter (K.S.A. 21-3404) in a trial to the court. The charge stems from an automobile accident in which his car
...
STATE v. JONES - 8/3/1979
The appellant (defendant) was arrested on November 22, 1977, for driving while under the influence of intoxicating liquor. Prior to trial, the defendant moved to suppress certain statements he made to the patrolman at the time of his...
STATE v. GARTON - 12/1/1978
This is an appeal by the defendant, Richard A. Garton, from having been declared a habitual violator as prescribed by K.S.A. 8-286. Defendant appeals on the premise that the county attorney did not forthwith commence prosecution...
CITY OF TOPEKA v. HOLLENBECK - 7/21/1978
This is an appeal by the city from an order of the district court dismissing a prosecution. The defendant was tried in municipal court and convicted of disorderly conduct and resisting an officer, in violation of city ordinances. He...
STATE v. BETTS - 3/2/1974
The opinion of the court was delivered by
Appellant Paul Dalton Betts was convicted of involuntary manslaughter on a charge that while driving his automobile under the influence of intoxicating liquor he struck and killed a...
STATE v. MORGAN - 6/12/1971
The opinion of the court was delivered by
In this appeal from a conviction of the offense of forcible rape as defined by K.S.A. 21-424, defendant asserts three contentions of alleged error.
The first is that the verdict of...
STATE v. HINTON - 1/23/1971
The opinion of the court was delivered by
This is a criminal action wherein the defendant was convicted of driving while under the influence of intoxicating liquor by a jury. He was sentenced to a term of ninety days in the...
STATE v. YOWELL - 3/7/1959
The opinion of the court was delivered by
The defendant, Ernest L. Yowell, was arrested, tried, convicted and sentenced on a charge of manslaughter in the fourth degree in violation of G.S. 1949, 21-420. He appeals from the...
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