State of Kansas v. Andrew Richmeier, No. 109,518, Nov. 22, 2013
The defendant was arrested for a DUI after an officer pulled him over for speeding and concluded he was driving under the influence. After the officer arrested the defendant, he asked him to submit to a blood-alcohol test. The defendant agreed to take the test. The officer informed him he had a right to consult an attorney and submit to independent testing. When the defendant asked for an attorney, he was told he would have to bond out first. After 15-20 minutes the defendant was able to bond out, but he never contacted an attorney. The trial court suppressed the evidence relating to the defendant’s driving under the influence charge because it found the delay in providing the defendant with an attorney violated K.S.A. 2011 supp. 8-1001(k)(9) which provides the driver must be notified that “after the completion of the testing, the person has the right to consult with an attorney and may secure additional testing, which, if desired, should be done as soon as possible and is customarily available from medical care facilities willing to conduct such testing.” The Kansas Court of Appeals reversed the trial court’s findings holding that the 15-20 minute delay in this case gave the defendant a reasonable opportunity to contact an attorney.