State v. Rickerson

Arnold-Burger, J.:

This case involves an administrative policy adopted by the Johnson County District Court in 1990 and readopted in 2006 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. Under our Supreme Court’s holding in State v. Cuchy, 270 Kan. 763, 19 P.3d 152 (2001), there is no dispute that this policy was unlawful because it did not require an individualized determination as to whether the driver is intoxicated and a danger to himself or herself or others. Russel Rickerson was…