Friday, February 24, 2012

You now have the same rights in criminal contempt proceedings as you do in criminal cases.

The Kansas Appeals Court just ruled that a person accused of criminal contempt of court, such as someone who refuses to testify when called as a witness, has the same rights as a criminal defendant, including the right to not be forced to testify against himself. Good, common sense ruling that shouldn't have been necessary. See In re J.T.R.

Friday, February 10, 2012

You can retract a breath test refusal

In State v. May, the Kansas Supremes affirmed earlier holdings that found that a driver may retract a test refusal under certain circumstances. Basically, as long as allowing the driver to take the test isn't objectively overly burdensome on the testing officer, failure to allow the driver to take the test will result in suppression of any evidence connected to the refusal, including the refusal itself. This has greatest impact in the length of suspension but marginal affect on a criminal prosecution unless the driver did relatively well on physical filed sobriety tests.