Johnson County District Court Reversed and DUI Dismissed

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.