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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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Fisher v. Kansas Crime Victims Compensation Board - 12/9/2005
Reversed. Greg and Linda Fisher filed a claim for the death of their son Jeremy before the Kansas Crime Victims Compensation Board. Twenty-five percent of the allowed compensation was withheld by the Board based upon "the...

State v. Montgomery - 10/21/2005
Affirmed in part and reversed in part. Before ELLIOTT, P.J., MALONE and McANANY, JJ. Erma Jean Montgomery appeals her convictions of driving under the influence of alcohol, failure to maintain a single lane, transporting an...

State v. Moody - 10/14/2005
Affirmed. Before PIERRON, P.J., CAPLINGER, J., and BUKATY, S.J. Gwendlyn Moody appeals her sentence as a fourth-time offender for driving under the influence (DUI). Moody argues that because the complaint recited only two...

State v. Lackey - 9/30/2005
Convictions affirmed, sentence vacated, and case remanded with directions. Robert Henry Lackey, II, was convicted by a jury of one count of premeditated first-degree murder in violation of K.S.A. 21-3401(a) (Ensley 1981) and one...

State v. Chamberlain - 9/30/2005
Richard H. Chamberlain petitions this court for review of the Court of Appeals' decision in State v. Chamberlain, No. 91,007, unpublished opinion filed September 3, 2004. The Court of Appeals affirmed his conviction and sentence for a...

State v. Jackson - 9/9/2005
Affirmed. This is Andrew Jackson's direct appeal of his jury convictions of first-degree premeditated murder, kidnapping, and conspiracy to commit murder. Numerous trial errors which we will separately consider are alleged....

State v. White - 7/22/2005
Affirmed. Before CAPLINGER, P.J., JOHNSON and HILL, JJ. This case was first before us as an interlocutory appeal. It now returns as an appeal by the State from the dismissal of the charge against Emily White because she was...

Bland v. Scott - 6/10/2005
Affirmed. This is a wrongful death and survivorship action seeking damages for the death of Felicia (Lisa) Bland. The district court dismissed the case as to all nonindividual defendants on the ground the plaintiffs had failed to...

State v. Sedillos - 6/3/2005
Phillip J. Sedillos petitions this court for review of the Court of Appeals' decision affirming his conviction and sentence for a third offense of driving under the influence (DUI), an unclassified person felony, in State v. Sedillos,...

State v. Huff - 5/20/2005
Affirmed. Before McANANY, P.J., MALONE, J., and KNUDSON, S.J. Dennis P. Huff, the defendant, appeals from his conviction for felony driving under the influence of alcohol. Finding no error, we affirm. Deputy Sheriff...

Cross v. Kansas Dep't of Revenue - 4/29/2005
Affirmed. Aimee Elizabeth Cross was arrested for driving under the influence. Cross agreed to testing and requested an administrative hearing after receiving a notice of suspension. The administrative hearing officer affirmed the...

State v. Jarrell - 4/22/2005
Affirmed. Before GREENE, P.J., GREEN and CAPLINGER, JJ. This appeal arises from two separate incidents of driving under the influence. Although Jarrell pled guilty to both offenses on the same date, we affirm the trial...

In re Hertach - 4/22/2005
ORIGINAL PROCEEDING IN DISCIPLINE Disbarrment. This is an original action in discipline filed by the office of the Disciplinary Administrator against the respondent, Gerald E. Hertach, of Hutchinson, Kansas, an attorney...

City of Dodge City v. Ingram - 4/15/2005
Reversed and remanded for a new trial. Eddie Ingram appeals from his jury trial conviction of driving under the influence of alcohol, his second offense, in violation of Section 30 of the Dodge City ordinance. This ordinance...

Bluestem Telephone Co. v. Kansas Corp. Commission - 4/8/2005
Affirmed in part, vacated in part, reversed in part and remanded with directions. After the deregulation of public utilities in this country, the Kansas Legislature created the Kansas Universal Service Fund (KUSF) that would...

State v. Remmers - 12/17/2004
Defendant appeals from his conviction of reckless driving (K.S.A. 8-1566 ). He contends the evidence is insufficient to support the conviction. The Court of Appeals affirmed the conviction (State v. Remmers, No. 89,721, unpublished...

Nickelson v. Kansas Dep't of Revenue - 12/17/2004
Affirmed. Allen J. Nickelson appeals the district court's judgment affirming the Kansas Department of Revenue's (KDR) suspension of his driver's license resulting from Nickelson's blood alcohol breath test failure. Nickelson...

Pasek v. Kansas Dept. of Revenue - 11/24/2004
The Kansas Department of Revenue (KDR) appeals the district court's decision vacating the administrative suspension of Dustin M. Pasek's driver's license for driving under the influence. The facts herein are undisputed. Kansas Highway...

State v. Spicher - 11/19/2004
Defendant Kathleen S. Spicher appeals her conviction for driving under the influence of alcohol, arguing the use of prior DUI convictions without proof of such convictions beyond a reasonable doubt violated her due process rights as...

State v. Dang - 11/19/2004
Hung T. Dang appeals his conviction for driving under the influence of alcohol (DUI), contrary to K.S.A. 8-1567(a)(1) and (3). The issues on appeal are: (1) Did the trial court err in admitting the DC-27 form into evidence, and (2) did the...

State v. Dickens - 11/19/2004
The defendant, Cassey D. Dickens, appeals after convictions for misdemeanor driving under the influence of alcohol (DUI) and refusal to submit to a preliminary screening test of breath for alcohol concentration (PBT). The controlling issue...

State v. Foster - 11/12/2004
Randall E. Foster appeals his third driving while under the influence (DUI) conviction. Three individuals saw Foster next to a wrecked vehicle which had straddled the road median. Two of these individuals were police officers and one a...

State v. Hughes - 11/12/2004
Aaron R. Hughes appeals his conviction and sentence for driving under the influence (DUI), challenging the district court's interpretation and application of K.S.A.2002 Supp. 8-1567(1)(3), as well as its constitutionality as applied. We...

Soza v. Kansas Dep't of Revenue Division of Vehicles - 11/12/2004
Affirmed. Robert Soza appeals the district court's grant of summary judgment and dismissal in favor of the Kansas Department of Revenue, Division of Vehicles (KDOR), on his appeal of an administrative order suspending his...

State v. Conn - 11/5/2004
After Eric Conn was stopped for a traffic violation, he was arrested for driving without having a proper driver's license and failing to provide proof of insurance. Conn provided the arresting officer with a name and date of birth and...

City of Wichita v. Bell - 11/5/2004
Terry D. Bell appeals his municipal conviction of driving under the influence of alcohol (DUI). The primary issue is whether there was sufficient evidence to support Bell's conviction of DUI based upon his "attempt to operate" his...

State v. Penland - 11/5/2004
Michael D. Penland appeals his jury conviction of driving under the influence under K.S.A.2002 Supp. 8-1567. On appeal, Penland contends that the evidence was insufficient to support his conviction. We disagree and affirm. On October 5,...

State v. Lakin - 11/5/2004
No appearance for the appellee. Jesse Lakin was charged with with one count each of driving under the influence, transporting an open container, and consumption of alcoholic beverage by a minor. Prior to trial, the magistrate judge...

Thompson v. State - 9/10/2004
Affirmed. Brad Thompson appeals from the trial court's denial of relief in proceedings under K.S.A. 60-1507. Thompson's arguments relate to sentencing in his underlying conviction, resulting from a plea bargain, for possession of...

City of Overland Park v. Zabel - 8/13/2004
Affirmed. In Overland Park Municipal Court, defendant Matthew Zabel was found guilty of speeding and driving under the influence of alcohol (DUI), each charge being a violation of the ordinances of the City of Overland Park. The...

State v. Doub - 8/6/2004
Affirmed. John P. Doub, III, appeals his conviction of second-degree murder pursuant to K.S.A. 21-3402(b), claiming insufficiency of evidence. We affirm. Factual and Procedural Overview Following a party for his...

[T] City of Dodge City v. Wipf - 7/30/2004
Affirmed. After Leroy Wipf was convicted in municipal court of driving under the influence (DUI), he appealed his conviction to the district court. The district court granted Wipf's motion to suppress his blood test results, and...

State v. Legero - 6/25/2004
The narrow single issue in this case is whether a defendant in a criminal case whose probation has been revoked by a district magistrate judge may appeal the revocation to the district court under authority of K.S.A. 2003 Supp....

State v. Deffebaugh - 5/14/2004
Charles R. Deffebaugh, Jr., appeals his conviction for one count of selling cocaine. Deffebaugh's conviction resulted from a controlled purchase of two rocks of cocaine by a police informant who was cooperating with the Coffeyville...

State v. McCreary - 5/14/2004
Affirmed. Ryan Patrick McCreary pled guilty to driving under the influence and assault on a law enforcement officer in one case, and to driving under the influence in another case. He was granted 24 months' probation in both...

Pieren-Abbott v. Kansas Dep't of Revenue - 5/7/2004
Reversed and remanded. These consolidated cases involve appeals by three individuals whose driver's licenses were suspended by the Kansas Department of Revenue (KDR). In Carolyn Pieren-Abbott's case the suspension resulted from...

City of Salina - 3/12/2004
Reversed and remanded. The City of Salina (City) appeals the district court's dismissal of criminal charges against John Leroy Amador based upon a double jeopardy violation. We reverse, concluding that Amador's double jeopardy...

State v. Seems - 2/20/2004
Defendant Monty D. Seems was charged with a violation of K.S.A. 8-1567(f), a nonperson felony offense for the third driving while under the influence (DUI) conviction. Upon a preliminary hearing, the State presented no evidence of the...

State v. Boone - 1/30/2004
Affirmed. Brandon C. Boone appeals his jury trial convictions of one count each of first-degree murder, aggravated robbery, aggravated burglary, and aggravated arson. He does not contest the aggravated robbery and aggravated...

State v. Manbeck - 1/30/2004
This case comes before us on petition for review by the State of Kansas from a Court of Appeals decision which vacated Scott E. Manbeck's sentence for involuntary manslaughter after he was convicted of driving under the influence of...

State v. Hebert - 1/16/2004
Affirmed. Jeffery F. Hebert was convicted of capital murder in violation of K.S.A. 21-3439, aggravated battery against a law enforcement officer in violation of K.S.A. 21-3415, criminal use of weapons in violation of K.S.A. 1999...

Mitchell v. Kansas Dep't of Revenue - 1/9/2004
Affirmed. Dennis Mitchell appeals the trial court's order affirming the Driver Control Bureau's 1-year suspension of his commercial driver's license. He claims that the trial court erroneously determined that he was given a...

State v. Kralik - 12/19/2003
Appeal sustained. On a question reserved, the State appeals whether and to what extent a district court should, for purposes of determining the existence of prior convictions for violation of K.S.A 8-1567, give deference to...

State v. Dexter - 12/19/2003
Pursuant to a plea agreement, Gary Lynn Dexter pled guilty to one count of impairing a security interest; six additional counts of impairing a security interest were dismissed. As a condition of probation the district court imposed...

State v. Goeller - 10/31/2003
Affirmed. Defendant Dennis Lee Goeller appeals from sentencing and restitution orders entered in the district court. Goeller entered a guilty plea to one count of felony possession of methamphetamine and one count of felony...

Tallman v. Case Corp. - 10/10/2003
Affirmed. Case Corporation (Case) appeals the decision of the Workers Compensation Board of Review (Board) awarding permanent partial general disability benefits to Wesley Tallman. Case argues the Board erred in refusing to apply...

State v. Deffebaugh - 10/10/2003
Reversed and remanded. Charles R. Deffebaugh, Jr., appeals his jury trial conviction for selling cocaine. The primary issue is whether the trial court erred by refusing to permit a defense witness to testify that Deffebaugh was...

State v. Legero - 8/29/2003
Reversed. Antonio L. Legero appeals the district court's ruling that it lacked jurisdiction to hear Legero's appeal of a district magistrate judge's order revoking his probation. The issue is whether a magistrate's order revoking...

City of Wichita v. Smith - 8/22/2003
Affirmed. Scott A. Smith appeals the conviction of a violation of a noise ordinance of the City of Wichita (City). On January 18, 2002, at about 11:30 p.m., Harlin and Janet Gray called the Wichita Police to complain about...

Schoen v. Kansas Dep't of Revenue - 8/15/2003
Affirmed. Denton James Schoen appeals the district court's judgment upholding his driver's license suspension by the Kansas Department of Revenue (KDR). The issue is whether the district court's finding that the sheriff's deputy...

State v. Seems - 8/8/2003
Affirmed. The State appeals the district court's dismissal of a driving under influence of alcohol (DUI) case against Monty D. Seems. We affirm. On March 16, 2002, Officer Timothy Greenwood stopped Seems for an improper...

State v. Hobbs - 7/11/2003
Affirmed. Patrick Hobbs was convicted by a jury of involuntary manslaughter, aggravated battery, and leaving the scene of an injury accident. He appeals his convictions and sentence. This appeal was transferred from the Court of...

City of Norton v. Stewart - 6/13/2003
Affirmed. Dustin R. Stewart appeals his convictions for driving under the influence of alcohol (DUI) and transporting an open container, based upon the trial court's denial of his suppression motion. Finding Stewart's detention...

State v. Manbeck - 5/30/2003
Sentence vacated and case remanded with directions. Scott E. Manbeck was charged with one count of involuntary manslaughter while driving under the influence of alcohol or drugs, as prohibited by K.S.A. 8-1567 and K.S.A. 2002...

City of Wichita v. Hackett - 5/30/2003
Affirmed. A Sedgwick County District Court convicted Robert L. Hackett of one count of driving under the influence (DUI) in violation of Section 11.38.150 of the Code of the City of Wichita (City). At the time of the violation,...

In re Rathbun - 5/30/2003
Three-years supervised probation. This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Kiehl Rathbun of Wichita, an attorney licensed to practice law in Kansas. This action...

State v. Crawford - 4/18/2003
This is an interlocutory appeal of a district court's order suppressing all evidence in a case concerning the defendant's third offense of driving under the influence of alcohol (DUI), a felony under K.S.A. 2000 Supp. 8-1567. The...

City of Norton v. Hurt - 4/18/2003
Affirmed. Jason Hurt appeals his sentence for driving under the influence (DUI), claiming the enhanced sentencing provisions of Kansas law relating to DUI violate the constitutional prohibition against ex post facto laws. ...

City of Kingman v. Lubbers - 4/4/2003
Affirmed. Preston A. Lubbers appeals his conviction for driving while under the influence of alcohol. We affirm. Police officer Chrystal Woodson responded to a traffic accident involving two vehicles, one driven by...

State v. Prater - 4/4/2003
Affirmed. The issues of this case arise from the unusual interplay between two cases in which Charles Prater was the defendant. The facts leading to his conviction in either case do not weigh very heavily in the determination of...

City of Wichita v. Marlett - 3/28/2003
Affirmed. The City of Wichita seeks reversal of the district court's decision disallowing amendment of its complaint against defendant Christopher J. Marlett after he appealed his municipal conviction to the district court. ...

State v. Childs - 3/7/2003
Reversed. Mark W. Childs was convicted by a jury of one count of possession of methamphetamine and one count of misdemeanor possession of drug paraphernalia. The contraband was seized during an after-hours warrantless search of a...

State v. Graham - 1/24/2003
Reversed and remanded. Wayne A. Graham was found guilty by a magistrate judge of driving under the influence of alcohol. Graham appealed his conviction to the district court, then filed motions in limine, a motion to suppress,...

State v. Kendall - 12/6/2002
Affirmed. Richard R. Kendall, Jr., appeals his felony conviction under K.S.A. 1999 Supp. 8-1567 of driving under the influence (DUI), his convictions of driving while license suspended and refusing a preliminary breath test, and...

State v. Anthony - 12/6/2002
Judgment of the district court is affirmed. The district court dismissed for lack of jurisdiction Michael Anthony's motion to modify a sentence imposed for his third offense of driving under the influence (DUI). The Court of...

State v. Long - 12/6/2002
Appeal dismissed. This case comes before us on questions reserved by the State. One of the questions reserved also involves an alternative ruling of the trial court that a criminal statute, K.S.A. 40-3104(d), was...

City of Hutchinson v. Davenport - 9/27/2002
Affirmed. Robert Davenport was found guilty of driving under the influence in the municipal court of Hutchinson. He appealed to the district court of Reno County. That court sustained his motion to suppress certain evidence. The...

State v. Crawford - 8/23/2002
Affirmed. This is an interlocutory appeal of an order suppressing all evidence obtained as a result of an automobile stop based upon an anonymous tip. The sole issue is whether the anonymous tip concerning a reckless driver on a...

State v. Schuster - 5/31/2002
Affirmed. The State appeals, pursuant to K.S.A. 2001 Supp. 22-3602, from the district court's order granting Bradley Schuster's motion to dismiss the underage DUI charge against him. The district court concluded that K.S.A....

State v. Muriithi - 5/31/2002
Affirmed. This is an appeal by Anthony G. Muriithi, a noncitizen, in which defendant's criminal convictions made him deportable. Muriithi appeals from the district court's denial of his motion to withdraw plea and set aside...

State v. Anthony - 3/15/2002
Appeal from Sedgwick District Court; GREGORY L. WALLER, judge. Reversed and remanded with directions. Michael J. Anthony pled guilty to a third offense of driving under the influence of alcohol (DUI), in violation of what...

State v. Bell - 3/15/2002
Appeal from Douglas District Court; MICHAEL J. MALONE, judge. Affirmed. Donna S. Bell appeals her sentence for felony driving under the influence of alcohol (DUI), contrary to K.S.A. 1997 Supp. 8-1567(a)(3) and (f). We...

State v. Spicer - 3/8/2002
Appeal from Brown District Court; JAMES A. PATTON, judge. Convictions affirmed, sentences vacated, and case remanded with directions. Defendant Billie J. Spicer appeals his jury convictions of aggravated battery and driving...

In re Singleton - 3/8/2002
ORIGINAL PROCEEDING IN DISCIPLINE Supervised probation. This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Stan R. Singleton, of Derby, an attorney admitted to the...

State v. Hamman - 3/8/2002
Appeal from Lyon district court; W. LEE FOWLER, judge. Affirmed. Ruth Hamman appeals from the district court's denial of her motion to suppress evidence seized and obtained during a traffic stop and her detention and...

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