Post by Logan on Apr 3, 2016 5:39:56 GMT -6
Attorney General Derek Schmidt continues to fight Kansas Supreme Court's DUI ruling
In the five weeks since the Kansas Supreme Court ruled criminal punishments for refusal to take blood-alcohol tests are unconstitutional, the Kansas Attorney General’s Office has asked it to reconsider and delay the ruling from taking effect, court documents show.
On Feb. 26, the court issued a series of 6-1 opinions in four cases challenging the state’s refusal laws.
“In essence, the State’s reasons are not good enough, and its law not precise enough, to encroach on the fundamental liberty interest in avoiding an unreasonable search,” wrote Justice Marla Luckert in the majority opinion.
One week later, on March 4, deputy solicitor general Kristafer Ailslieger filed two motions. The first asked the court to grant the office of Attorney General Derek Schmidt more time to file a motion for rehearing. The second asked the court to stay the effects of its ruling.
Read more: cjonline.com/news/2016-04-02/attorney-general-derek-schmidt-continues-fight-kansas-supreme-courts-dui-ruling
In the five weeks since the Kansas Supreme Court ruled criminal punishments for refusal to take blood-alcohol tests are unconstitutional, the Kansas Attorney General’s Office has asked it to reconsider and delay the ruling from taking effect, court documents show.
On Feb. 26, the court issued a series of 6-1 opinions in four cases challenging the state’s refusal laws.
“In essence, the State’s reasons are not good enough, and its law not precise enough, to encroach on the fundamental liberty interest in avoiding an unreasonable search,” wrote Justice Marla Luckert in the majority opinion.
One week later, on March 4, deputy solicitor general Kristafer Ailslieger filed two motions. The first asked the court to grant the office of Attorney General Derek Schmidt more time to file a motion for rehearing. The second asked the court to stay the effects of its ruling.
Read more: cjonline.com/news/2016-04-02/attorney-general-derek-schmidt-continues-fight-kansas-supreme-courts-dui-ruling