State v. Cuchy

The opinion of the court was delivered by

Allegrucci, J.:

This is a consolidated appeal taken by the State from the district court’s dismissals of driving under the influence (DUI) charges against Robert Cuchy, Franklin Gent, and David White. The district court found constitutional fault with a sheriff department’s policy of requiring DUI arrestees to remain in jail for 12 hours before being allowed to post bond. The State appeals pursuant to K.S.A. 22-3602(b)(l).

*764Each defendant was charged in Pottawatomie County with DUI in violation of K.S.A. 2000 Supp. 8-1567. At the time of their arrests,…