Sun, Nov 22 2009
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Several DUI charges poised for dismissal in Cherokee County “The detention of a person arrested for DUI is permissible if an officer determines, based upon his or her personal observations, that the arrestee is intoxicated and a danger to himself or others,” according to the ruling.
It also states that dismissal of the charges is an appropriate remedy. Bullard said in a phone interview that a defense attorney cited the Supreme Court ruling in court and it grew from there. “That’s how it came to everyone’s attention,” Bullard said. “It went like wildfire among the attorneys.” Bullard said the Sheriff’s Department has since eliminated the automatic, mandatory detention periods. He also said the Sheriff’s Department and other police agencies were notified of the Supreme Court case several years ago, probably around the time of the ruling. He said he was unsure how it came to be disregarded in subsequent years. The Supreme Court ruling came during a previous sheriff’s administration and a previous county attorney’s administration. Sheriff Steve Norman, who was elected in 2004, did not return calls seeking comment, but Undersheriff Kent Soucy said the department was detaining people arrested for driving under the influence of alcohol for six hours because that’s what they were instructed to do by the former county attorney, Michael Goodrich. “Goodrich felt that he could argue the case at a higher level,” Soucy wrote in an e-mail response to the Globe. Goodrich resigned after being indicted on federal charges of felony extortion, wire fraud and witness intimidation. He is awaiting trial. He could not be reached for comment. Max Southerland, Kansas victims’ service specialist with Mothers Against Drunk Driving, said the Supreme Court ruling seemed reasonable to him. “I can understand the concerns of the court on due process,” Southerland said. He also said he was not previously aware of the ruling and knows of no other jurisdiction where it has become an issue. He said constant education is important. “Somehow, there ought to be a good system to get information out to these (police) agencies,” Southerland said. “I think it’s a matter where we need to keep updating law enforcement on these changes.” The situation apparently is not an issue in Missouri or Oklahoma. Jasper County (Mo.) Prosecutor Dean Dankelson said people arrested in Missouri can be detained for up to 24 hours for any crime. 
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