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Kansas Supreme Court finds Refusal Statute Unconstitutional

Monday, February 29, 2016 3:11 PM | Anonymous member (Administrator)

In Kansas, it is a crime to withdraw consent during a DUI investigation.  The state supreme court was asked to consider whether this follows the reasoning following Missouri v. McNeely.  The court in Kansas v. Ryce held a criminal defendant has no constitutional requirement to waive their rights during a DUI investigation to allow testing.  To the extent such consent was provided, it was coerced where the defendant was informed they could be charged with a crime.  This means all prior Kanasa DUI cases involving either a consent or a refusal are reversed.   Whether Kansas can prevail under the federal doctrine of "good faith" is unknown.   

The full case is here:          Full Case

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