On December 2, 2009, defendant Rickerson was arrested for a
DUI and transportation of an open container in Johnson County. State
v. Rickerson, 105,863, 2012 WL 1792249, *1 (Kan. Ct. App. May 18,
2012). The Johnson County District Court had adopted a polcy
that “required a mandatory 6-hour detention of all persons arrested for driving
under the influence (DUI) before they were allowed to post a scheduled
bond. Id. Pursuant to this policy, Rickerson was kept in
jail until the hourly limit had passed. Id.
Under the Kansas Supreme Court’s holding in State v. Cuchy,
270 Kan. 763 (2001), the Kansas Court of Appeals determined that the Johnson County
District Court’s policy was unlawful because “it did not require a
individualized determination as to whether the driver is intoxicated and a
danger to himself or others.” Id. Because the court of
appeals determined that the policy and holding of Rickerson constituted
institutional noncompliance and systematic disregard of the law, the court
reversed the district court, finding that dismissal is the appropriate sanction
and ordered Rickerson’s conviction to be vacated.
If you have any questions or concerns
regarding potential institutional noncompliance or a DUI charge, contact
Lindsey Ericskon or Dionne Scherff with Erickson Scherff, LLC at
www.ericksonscherff.com
for counsel.
