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eBook details

• Title: City of Kansas City v. Griffin
• Author : Supreme Court of Kansas
• Release Date : January 10, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The opinion of the court was delivered by This is an appeal by the City of Kansas City, Kansas, from the dismissal of a criminal complaint charging the defendant, Alfred Griffin, with driving a vehicle while under the influence of alcohol (DUI) in violation of a Kansas City, Kansas, city ordinance. The facts in the case are undisputed and are as follows: The defendant was found guilty of DUI in municipal court of Kansas City, on August 2, 1982. The crime was allegedly committed on May 28, 1982. On July 1, 1982, the Kansas City city commission enacted a new city ordinance covering the offense of DUI. The effect of the new ordinance was to change the penalty provisions for the offense to comply with the newly enacted state statute on the subject, K.S.A. 8-1567. The new ordinance repealed the old ordinance without providing for an express savings clause to specifically authorize continuing pending prosecutions under the old ordinance. Following his conviction on August 2, 1982, defendant appealed to the district court. There [233 Kan. 686] defendant moved to dismiss the prosecution, contending that the adoption of the new city ordinance, without a savings clause, required the abatement of all pending prosecutions under the old ordinance. The district court agreed and sustained defendant's motion for dismissal. The city has appealed.

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