Author Archives: Douglas Kans

About Douglas Kans

Douglas Kans is the founder of Kans Law Firm - a Minneapolis based DWI and criminal defense law firm. He has 17 years experience defending people charged with DWI and other crimes.

Minnesota Man On Scooter Faces DWI Charges

Scooter time

Just a few months ago I brought you a story about how one Minnesota man had his drunk driving charges dismissed after the Minnesota Court of Appeals found that a Segway was not considered a motor vehicle under state law. Though a Segway may not qualify, a new case is testing the limits of that definition.

The case involves a man who was arrested in Lakeville, MN earlier this month. The man stands accused of driving drunk on an electric scooter. Police say that they received a call late at night from someone who wanted to report that a man on a scooter had hit a parked car. Police have not released details about the specifications of the scooter, other than that the scooter was powered by gasoline.

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Statistics Reveal Surprisingly Few DUI Arrests In Boston

DUI

A recent and surprising story from the Boston Globe discussed what appears to be an abnormally low number of drunk driving arrests reported in a major American city. Numbers obtained by the Boston Globe revealed that police in Boston only made 241 drunk driving arrests in all of 2012, shocking numbers given Boston’s rank as the 10th largest metro area in the country.

The number of DUI arrests in Boston is confusing given that it not only pales in comparison to the numbers for similar sized and even smaller cities, but also because it reflects a dramatic drop from numbers seen only a few years ago. The data revealed that since 2009, the number of drunk driving arrests in the city have dropped by an astounding 33 percent.

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Field Sobriety Tests in Tennessee Go Under the Microscope

DUI

A recent case working its way through the court system in Tennessee got some national attention given the important impact the decision might have. The highest court in Tennessee has agreed to hear a case, State of Tennessee v. David Dwayne Bell, concerning the weight that should be given to the performance on field sobriety tests by a driver, especially those that indicate sobriety.

The roots of the important decision go back to 2009 when David Bell was arrested for drunk driving in East Tennessee despite having passed a battery of field sobriety tests with flying colors.

Bell was spotted late one night driving on the wrong side of the road, something he said he did because of nearby road construction which caused him to miss his turn. The officer pulled Bell over and administered a series of six standard field sobriety tests. Bell passed each one. Despite this, Bell’s admission that he had indeed consumed a beer that evening was enough to have the officer arrest him and take him to have a blood test done to officially determine his BAC. The test results showed that Bell was indeed legally intoxicated, with a BAC of 0.15. The issue that has been successfully raised by Bell was whether the officer had the necessary probable cause to place Bell under arrest in the first place.

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Skateboarder Charged With DUID

Skateboarder

This news story comes from the State of Oregon and was reported by CBS News. According to a representative from the Salem Police Department, a 20-year-old skateboarding male sustained serious injuries in a collision with a van, but is fortunately expected to survive.

Reports state that at around 5 p.m., the skateboarder rolled onto the street and veered straight into a 1997 Ford Econoline van’s path.

The skateboarder, who was not wearing a helmet at the time of the incident, was taken to a hospital nearby to treat his lacerations and broken bones. It was here he was cited for Driving while Under the Influence of Intoxicants (aka DUID or Drugged Driving), as well as for a minor in possession of alcohol.

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Understanding Drowsy Driving in Relation to DWI

Drowsy driving

While accident and deaths as a result of DWI/DUI get most of the media attention, a report from AAA shows that in the Spring of the year 2010, more than 41% of the U.S. drivers surveyed admitted to having nodded off or fallen asleep while driving. In fact, drowsy driving was the cause of approximately one of every six fatal car accidents and one of every eight crashes that resulted in a hospital visit. These statistics, however, do not even reflect the entirety of the problem.

One main reason that accidents resulting from drowsy driving are not often reported is because of hyperarousal. Hyperarousal is a condition or state that usually eliminates all noticeable signs of impairment due to fatigue and drowsiness. Since the more noticeable signs of drowsiness are eradicated by the chaos of an automobile accident, the main cause of the crash is often not detected or reported.

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