In February of 2013, in the State of Kansas v Sanchez, the court maintained that operating a vehicle (the term used in the Kansas DUI statute) is synonymous with "driving." The court elaborated by stating that driving means exerting "actual physical control" which further means being "authoritative or dominating." For a driver to be operating a motor vehicle for the purposes of DUI, a driver must 1) take action, and 2) alter the vehicle's movement. However, for those drivers who are found to be merely sitting behind the wheel it does not necessarily rise to the level of operation to support a DUI charge.
The Kansas DUI statute does include "attempt;" therefore, a prosecutor could still try to prove with circumstantial evidence that the defendant was attempting to move the vehicle, but that would be more difficult for the prosecutor to prove.
Searching for a DUI lawyer in Kansas City?
Each state has its own set of DUI laws, and no two states handle DUI cases identically. Attorney Steve Schanker, Attorney at Law continuously stays abreast of court cases and any changes in DUI legislation in order to better defend his clients against DUI charges. If you have been arrested for DUI while you were just sitting inside your vehicle, but not actually driving, then you may have a viable defense.
Attorney Schanker has over eighteen years of experience in the legal field, and he is AV® Preeminent™ rated by Martindale-Hubbell®, which is the highest rating an attorney can receive for their legal ability and ethics. He is highly regarded among local prosecutors and judges and can provide you with excellent representation during this difficult time. He is well-versed in Kansas and Missouri laws and can defend you against alcohol or drug-related charges in either state.
When you're facing possible jail sentencing for up to six months, up to $1,000 in fines, a suspended driver's license and ignition interlock device, and mandatory alcohol evaluation and treatment (for a first time DUI offense) you can't afford to go without quality representation. There are many effective defense strategies that can ultimately save the accused a significant amount of time and money. To schedule a free consultation with attorney Steve Schanker, please contact the firm today!