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  1. #1
    Join Date
    Oct 2010
    Posts
    3

    Default DUI and Speeding Onto Private Property

    My question involves criminal law for the state of: Kansas.
    I have several questions. I was driving on a commercial road when a cop flashed me to pull over. I pulled onto private property (unknowingly), passed all his sobriety tests minus the breathalizer (blew .09). He mentioned I was speeding 40 mph in a 30 but later said he didn't have a radar and paced me (for only 1/2 a mile) to get that speed. Upon arrest, the officer said he was unable to tow my vehicle due to it being on private property. Question 1) Was the officer even allowed to conduct a speeding/DUI tests on this property since it was private. Question 2) Is there a set distance requirement for pacing estimates?? Question 3) I had a severely intoxicated friend from out of town in the car with me: upon my arrest they secured my vehicle, i.e. they kicked my friend out of my car and left him intoxicated on a business's private property, ALONE. Talking to my friend later he said he was there for a good 20 minutes alone. I heard somewhere that police are required to leave an officer with such a person to prevent public intoxicity tickets or any other problems that may arise from him being on private property. Does anyone know if this is true? If so can I prove that the officer used a lack of judgement with my friend, therefore proving he was unable to A) estimate my speed properly and B) use judgement in my sobriety tests. Thank you all in advance

  2. #2
    Join Date
    Sep 2010
    Posts
    10,138

    Default Re: Dui/Speeding Ticket Onto Private Property

    Pace is a valid method. Half a mile is plenty. Presumably you were on a publicly accessible road when he paced you. You don't get a free pass just because you pull onto private property or leave his jurisdiction after the alleged offense. Besides even if you could challenge the speeding ticket, the probable cause for the stop is a less stringent requirement.

    Everybody thinks they passed the FST's. Your friend was already guilty of public intoxication. The cop cut him a break. Cops are not required to take care of your fellow drunks. Only if he was in imminent danger of harming himself or others would their be a duty to act. You're grasping at straws if you think that is going to help your case.

    You need a lawyer.

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    519

    Default Re: DUI and Speeding Onto Private Property

    Quote Quoting blmiller31
    View Post
    Question 1) Was the officer even allowed to conduct a speeding/DUI tests on this property since it was private.
    If the private property was located in the State of Kansas then yes, DUI laws apply.

    The speeding offense happened on a public road so no, you don't get out of jail free for crossing home base (stopping on private property).


    8-1567: Driving under influence of alcohol or drugs; blood alcohol concentration; penalties. [See Revisor's Note] (a) No person shall operate or attempt to operate any vehicle within this state while:
    (1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;

  4. #4
    Join Date
    Oct 2010
    Posts
    3

    Default Re: DUI and Speeding Onto Private Property

    Quote Quoting sniper
    View Post
    If the private property was located in the State of Kansas then yes, DUI laws apply.

    The speeding offense happened on a public road so no, you don't get out of jail free for crossing home base (stopping on private property).


    8-1567: Driving under influence of alcohol or drugs; blood alcohol concentration; penalties. [See Revisor's Note] (a) No person shall operate or attempt to operate any vehicle within this state while:
    (1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;
    Ok. . .thanks for the quick reply!

    ok. . .thanks for the quick reply

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