Post by Logan on Apr 29, 2016 22:37:27 GMT -6
DUI evidence obtained under unconstitutional law still stands, Kansas court rules
As the state’s laws concerning driving under the influence remain in flux pending a U.S. Supreme Court ruling, the Kansas Court of Appeals ruled Friday a man could be convicted using evidence obtained under a defunct law.
Brent Kraemer was pulled over by a Salina police officer in the early hours of Sept. 5, 2013, for failing to use a turn signal. The officer, Randy Constantino, suspected Kraemer of being drunk because of his stuttering speech and bloodshot eyes.
Kraemer, who admitted to having one beer, underwent several field sobriety tests, which he largely failed. Constantino arrested Kraemer on suspicion of DUI.
At a Salina jail, the officer read Kraemer an implied consent advisory, informing him of a criminal charge if he refused to take a blood-alcohol test. After hearing the advisory, Kraemer agreed to take the test, which he failed with a blood-alcohol concentration of .139.
Read more: cjonline.com/news/2016-04-29/dui-evidence-obtained-under-unconstitutional-law-still-stands-kansas-court-rules#
As the state’s laws concerning driving under the influence remain in flux pending a U.S. Supreme Court ruling, the Kansas Court of Appeals ruled Friday a man could be convicted using evidence obtained under a defunct law.
Brent Kraemer was pulled over by a Salina police officer in the early hours of Sept. 5, 2013, for failing to use a turn signal. The officer, Randy Constantino, suspected Kraemer of being drunk because of his stuttering speech and bloodshot eyes.
Kraemer, who admitted to having one beer, underwent several field sobriety tests, which he largely failed. Constantino arrested Kraemer on suspicion of DUI.
At a Salina jail, the officer read Kraemer an implied consent advisory, informing him of a criminal charge if he refused to take a blood-alcohol test. After hearing the advisory, Kraemer agreed to take the test, which he failed with a blood-alcohol concentration of .139.
Read more: cjonline.com/news/2016-04-29/dui-evidence-obtained-under-unconstitutional-law-still-stands-kansas-court-rules#