State v. Hershberger

Knudson, J.:

Brad Hershberger raises numerous issues on appeal following his conviction for driving while license suspended, contrary to K.S.A. 1997 Supp. 8-262, including: (a) whether failure to conduct a probable cause hearing within 48 hours after arrest requires dismissal with prejudice, and (b) whether state law requiring Hershberger to have a valid driver’s license violates his constitutional right to travel.

We affirm. An illegal detention should not void a subsequent conviction absent a showing of prejudice to the defendant’s substantive rights, the constitutional right to travel is not…