Fitzgerald argued on appeal the State failed to present any evidence to establish the charged crime. The Supreme Court agreed. If the State charges a crime under one criminal statute but proves a crime under a different criminal statute, a defendant's conviction is reversible for insufficient evidence. Stacy A. The Supreme Court vacated Gensler's sentence for driving under the influence and remanded for resentencing.
The court held that those convictions could not be used to enhance the sentence for his current DUI. The statute defining "conviction" for purposes of counting previous DUI convictions requires that convictions from municipalities or other states prohibit the same or a narrower range of conduct as the Kansas DUI statute. The Wichita ordinance prohibited a broader range of conduct than the state statute and therefore could not be used for sentence enhancement.
David Sheldon Mears. The Supreme Court vacated Mears' sentence for driving under the influence and remanded for resentencing. The court held that the Wichita DUI could not be used to enhance the sentence for his current DUI The statute defining "conviction" for purposes of counting previous DUI convictions requires that convictions from municipalities or other states prohibit the same or a narrower range of conduct as the Kansas DUI statute. Christopher J. The Kansas Supreme Court vacated Schrader's sentence for involuntary manslaughter while driving under the influence and remanded to Sedgwick District Court for resentencing.
Schrader's criminal history score was based in part on categorizing a July conviction in Wichita Municipal Court as a person felony. The court held that a conviction under the Wichita DUI ordinance does not count as a prior DUI, scored in this case as a person felony, because it prohibits a broader range of conduct than state law.
Nicholas W. Summary calendar; no oral argument. The Supreme Court vacated Fisher's sentence for driving under the influence and remanded for resentencing. Jonell K. A Sedgwick County jury convicted Lloyd of first-degree premeditated murder, felony murder, and abuse of an infant victim.
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In , the Supreme Court affirmed the conviction but remanded the case for resentencing so that a jury, not the judge, would make specific factual findings relating to enhancing his sentence. The sentencing jury found two aggravating factors, and Lloyd was again sentenced to a minimum term of 50 years. He appealed from that sentence. Writing for a unanimous court, Justice Eric Rosen affirmed the new sentence. Responding to Lloyd's contention that one of the lead witnesses for the prosecution had been coerced into making statements against him and her testimony from the first trial should not have been read to the jury in the sentencing trial, the court determined that any error was harmless because that witness's testimony had already become known to the jury through the testimony of police investigators, and no objection was made to their testimony.
The court also rejected Lloyd's claim that the State was required to prove that bodily harm was an element of any previous felony serving as an aggravating factor. Instead, it sufficed for the State to prove that great bodily harm resulted from the previous felony, whatever the elements of the crime might be.
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Archie Joseph Patrick Dooley. The Supreme Court affirmed the McPherson County District Court ruling that Dooley violated the terms of his probation, but reversed the Court of Appeals decision affirming the district court's revocation of Dooley's probation and imposition of his original underlying prison sentence.
The court ordered further proceedings concerning compliance with the legislature's amendments to the probation revocation statute, which established a graduated sanctioning scheme for probationers who violate the terms of their probation release. The Supreme Court directed the district court to either impose a statutorily prescribed intermediate probation violation sanction or to make the finding that it was bypassing the intermediate sanction provisions as authorized by statute.
Willie Fleming. Fleming challenged an aggravated robbery jury instruction because the instruction, which alleged he took property, was broader than the complaint, which specified a cellphone and wallet were the property taken. An officer may also stop a driver when the officer has grounds to believe the driver may be committing any crime, including DUI. Should you refuse, the officer need not make an attorney available unless they begin to question you after being placed in custody. After a chemical test has been administered by the officer, they must allow you to call your attorney who may advise you of your right to take an independent alcohol content test depending on the circumstances of your alleged DUI.
While a police officer should inform you of your Fifth Amendment right against self-incrimination Miranda Warning , this is not required, and many officers do not read you your rights. While this can affect your case, failure to give you Miranda warnings will not prevent the prosecutor from using your voluntary statements made after being placed in custody. While you can always represent yourself, the penalties for a DUI conviction are quite severe, and there is a lot that an experienced DUI attorney can provide that you may not know.
An experienced Wichita criminal defense lawyer understands how to proceed in:. An attorney is also skilled in contesting issues during the administrative hearing for license suspension. DUI is a criminal case that involves complying with complex procedural rules and presentation of evidence and protecting constitutional rights. You must be well-versed in following and applying administrative and sentencing guidelines.
It is always a wise decision to put your case in the hands of an experienced DUI lawyer. Get over 80 years of combined experience on your side. Dial now. What Is a DUI? Potential Criminal Penalties for DUI If you are convicted of DUI, the severity of your punishment will be determined by your prior criminal history and the circumstances surrounding your arrest.
Administrative Proceedings If you are arrested for DUI and served a DC27 form temporary license , you have the right to request an administrative hearing. Expungement of DUI Convictions Part of the challenge of a criminal record is that other interested parties can see it. While alcohol consumption can in fact cause nystagmus, it can also be caused by over 80 other conditions unrelated to the consumption of alcohol. The subject is required to stand in this position while the officer explains and demonstrates the rest of the test.
If the subject steps out of this position, for whatever reason, that is one clue — two clues is considered failing. The remainder of the test consists of the subject walking nine heel-to-toe steps down the line, performing a turn as instructed, and returning nine heel-to-toe steps back up the line. During the test, the officer is looking for clues such as using arms for balance, stopping while walking, stepping off the line, or missing heel to toe.
The person is required to stay in that position and count by one-thousands until the officer tells them stop, which is supposed to be after 30 seconds.
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During this time, the officer observes the subject to see if they use their arms to balance, sway, put their foot down, or hop. If the subject does any of those things, the officer will use them as clues of impairment. You never see a high-wire walker looking down. Two clues is considered a failing score on this test. Other nonstandardized tests : You may be asked to perform arbitrary tasks such as counting backwards in a series of numbers or reciting the alphabet to make you unsure of your ability to complete them.
This doubt is meant to be used as evidence of your intoxication. Another test called the Rhomberg Balance Test asks people to stand with feet together and eyes closed while their head is tilted back. It is meant to check for brain injuries, but is sometimes used to check for intoxication. You should politely decline to perform these tasks if you are asked. Preliminary Breath Test A preliminary breath test PBT is a field test done by using a small, handheld device into which the person blows air to determine whether they have been drinking.
You may be arrested based in whole or in part on results from a PBT. What should I say if a police officer asks whether I have been drinking? Should I take the field sobriety tests? Should I take a Preliminary Breath test? Should I agree to take a chemical test for alcohol content? It is a bit of a catch; there is no right answer to this question. What clues alert police offers to drunk drivers? Driving clues that may be typical of driving under the influence of alcohol or drugs include: Weaving in a lane Abrupt unwarranted swerving Erratic braking Rapid acceleration or deceleration Crossing the center line Driving without headlights Illegal or sudden turning Tailgating Unreasonable stopping Slow reaction to traffic lights Near collision Bodily or physical mannerisms that indicate intoxication It is not uncommon for officers to wait near bars to catch patrons who leave at closing.
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When can a police officer stop a driver? A police officer may pull a driver over for any observed mechanical or moving violation. These could include: Not wearing a seat belt Exceeding the speed limit Improper turn Equipment violations such as no tag light or a broken tail lamp Texting An officer may also stop a driver when the officer has grounds to believe the driver may be committing any crime, including DUI. What are my rights to counsel if stopped by a police officer?
What rights must the police officer inform me of prior to requesting a chemical test? Remember: Exercise your right to remain silent! What kind of body language or physical appearance does an officer look for to detect if someone has been drinking? There are a number of things that police officers are trained to look for. These include: Slurred speech Alcohol on the breath Bloodshot, watery, or glazed eyes Fumbling when retrieving license Swaying when standing Leaning on a car or other object Disorientation, combative, euphorically happy, or inappropriate behavior Inability to follow instructions and a red or flushed complexion Is a lawyer really necessary for DUI charges?
An experienced Wichita criminal defense lawyer understands how to proceed in: Suppressing evidence Compelling discovery Obtaining a dismissal of the DUI charge Negotiating a reduced sentence Analyzing chemical tests for accuracy Procuring expert witnesses to testify on your behalf An attorney is also skilled in contesting issues during the administrative hearing for license suspension.
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