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Author Archives: Leslie F. Hulnick

Leslie F. Hulnick is a New York State native who earned his J.D. from the University of Denver in 1975. He is also a graduate and a past Dean of the National College for DUI Defense presented at Harvard Law School. Mr. Hulnick is the principal in a five-member firm, located in Wichita, Kansas, that focuses on criminal defense. Mr. Hulnick has chaired and served on local and national legal organization committees including having been a founding member and past president of the Kansas Association of Criminal Defense Lawyers. As president of the Wichita Bar Association's Criminal Law Committee, he was instrumental in changing local rules on jury selection; the jury pool was opened to include licensed vehicle drivers. Mr. Hulnick was honored to receive the Wichita Bar Association’s President's Award for these efforts to reform the jury pool system. He has authored "The Law of DUI," published in the Kansas Bar Association's Criminal Law Handbook. Mr. Hulnick is an acclaimed lecturer on criminal law.

Kansas Criminal Refusal Law in Limbo

In February of 2016 the Supreme Court of the State of Kansas declared Kansas’ criminal refusal statue unconstitutional. In State of Kansas v. Ryce, State of Kansas v. Wycoff, State of Kansas v. Nece and State of Kansas v. Wilson, the Supreme Court found K.S.A 8-1025 (criminalizing the refusal of a chemical test) Facially Unconstitutional. The Court relied on violations of Due Process and the Doctrine of Unconstitutional Conditions, in finding the statute facially Unconstitutional. The ruling remains very much ... Read More »

New Kansas Test Refusal Law – Strictly Enforced

On July 1, 2012, the Kansas Legislature’s new test refusal law criminalizing the refusal of a requested blood, breath, or urine test went into effect.  Over the past 2 months, I have seen this new law rigorously enforced.  Basically, if during a DUI investigation the driver refuses to submit to the officer’s request for a test, the main element of the charge is met.  It is, however, important to know that a Refusal can only be charged in regard to ... Read More »