Kansas Supreme Court Passes New Controversial Law - FOX 13 News

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Kansas Supreme Court Passes New Law Regarding Drinking And Driving

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While drivers can't be stopped from bad driving, stopping them for drunk driving has just gotten a lot more difficult in Kansas where the Supreme Court has ruled that police cannot search someone's car based solely on the scent of alcohol.

The law is aimed to protect those who haven't broken any laws, but some are worried that the very laws that protect the innocent make it too easy to keep drunk drivers on the road.

"At 12:30 in the afternoon, failing to signal your left turn may be a warning. At 12:30 in the morning, failing to signal your left turn is going to be a reason to smell your breath," said Defense Attorney David Langston.

If a driver passes a sobriety test, even if he or she is sitting in the stench of booze, they will be free to go.

A lot of people believed that the scent of liquor is enough to indicate drunk driving, but Langston claims the law is trying to avoid that very assumption.

"That's not what the constitution is set up to do, having the ends justifying the means. It's to make sure there is a level playing field for everyone," said Langston. "There are certain freedoms in this world. In this country. Now police have to have a higher level of reason for. A more articulate suspicion."

Sobriety tests will still be enforced and drunk driving will still have jail consequences.

 

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