Legal Question in DUI Law in Kansas

can you get a dui on your own private property? or does the owner of the property have to give consent?


Asked on 6/14/10, 11:20 am

1 Answer from Attorneys

Anthony Smith LawSmith

In most jurisdictions, prosecutors view DUI crimes as applying to public roads and private property. This is tough for many peopel to agree with or even understand. One must get alicense to legally operate amotor vehicle on the public roads, but not alwys for use on private land. But operating a vhicle under the influcne, is viewed as and inherently dangerous activity, like shooting a gun. One can get a license to carry and use a gun, but still be convicted of doing so in a dangerous manner. these prosecutors view dring drunk as using the vehciel in adangerous manner, so that fants that it s done on private private property is of little relvance to them. Not all agree with this view, and some get the charges throown out, or convisitonoverturned. .But, many litgants cannot afford the legal fees to oppose such a view, and they enter into pleas agreements they don't really agree with, but can ill afford to do anything else.

Good luck

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Answered on 6/21/10, 9:33 am


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