Kansas appeals court: Evidence stands despite defunct law
Associated Press - April 30, 2016 7:57 pm
The Kansas Court of Appeals has ruled that a man could be convicted of driving under the influence using evidence obtained under a defunct law.
The appeals panel ruled Friday that the statute in question had been struck down by the Kansas Supreme Court after Brent Kraemer’s 2013 arrest in Salina for suspicion of DUI.
The Topeka Capital-Journal reports (http://j.mp/24cI1Kk) the officer read Kraemer an implied consent advisory, informing him of a criminal charge if he refused to take a blood-alcohol test. Kraemer agreed to take the test, which he failed.
Since then that advisory has been replaced.
Kraemer wanted the appeals court to find his consent was obtained by an unconstitutional advisory. But the appeals panel says the ruling stands because the law was in effect at the time.
Information from: The Topeka (Kan.) Capital-Journal, http://www.cjonline.com.