In June of 2009 highway troopers pulled up behind the stopped vehicle of defendant, Thomas Perkins. State v. Perkins, 46 Kan. App. 2d 121, 122 (2011). According to the passenger, he and Perkins were switching drivers because Perkins’ back was hurting, when in fact he was highly intoxicated. Id. But, while at trial, Perkins and the passenger testified that the passenger had been driving the entire time and that they only pulled over when Perkins got sick. The jury didn’t buy it. Id.
On appeal, Perkins argued that there was insufficient evidence to support that he was driving or attempting to drive a vehicle under the influence. Id. at 123. The Kansas Court of Appeals held that attempting to operate a vehicle, functionally operates as an alternative means of driving under the influence. Id. at 121.
If you have questions or concerns regarding a DUI offense contact Lindsey and Dionne at www.ericksonscherff.com for counsel and assessment of your claims.
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