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MONDAY, JULY 16, 2012
THE UNIVERSITY DAILY KANSAN
PAGE 14
TRANSPORTATION
South Lawrence trafficway supported by appeals court
ASSOCIATED PRESS
TOPEKA, Kan. — A three-judge federal appeals court upheld a ruling Tuesday that removes a legal hurdle for the Kansas Department of Transportation to finish building a disputed trafficway in Lawrence.
The 10th Circuit Court of Appeals in Denver issued its ruling affirming the process used by the Federal Highway Administration to select the project's route. The road will be a 6-mile, four-lane road connecting the existing west leg of the trafficway with Kansas 10 east of Lawrence.
Plaintiffs sought to block the road's construction, contending it would harm the Baker Wetlands.
State transportation officials were pleased with the ruling allowing the $150 million project to move forward.
"With the court ruling now behind us, KDOT can work in earnest to complete the project plans and
meet the current schedule of beginning construction in Fall 2013," said State Transportation Engineer Jerry Younger, KDOT's deputy secretary of transportation.
Bob Eye, a Topeka attorney who represents the Prairie Band Pottawattomie Nation, the Sierra Club and other groups opposed to the proposed route, said the ruling left him with a feeling like "being kicked in the gut."
"We felt we had strong arguments that had a bearing on protecting these wetlands. Unfortunately, the court did not agree," Eye said. "These resources are slipping away from us one highway, one development at a time."
Eye said he was reviewing the opinion and his clients would be weighing their options, which could include asking for a rehearing by the same three-judge panel, a hearing with the full 10th Circuit Court of Appeals or filing a petition with the U.S. Supreme Court for appeal.
Sarah Little, spokeswoman for Sen. Pat Roberts, said the Kansas Republican, who has helped secure some $3 million in federal funds for construction of the route, was pleased with the court's ruling.
Kansas officials have been trying for more than 20 years to build the road as a means for diverting highway and truck traffic around Lawrence. Once completed, the 14-mile route will connect Interstate 70 with Kansas 10.
KDOT began preliminary right of way appraisal efforts in December 2011, with the surveying and staking of potentially affected properties. The agency will review the initial appraisals and send offer letters to property owners this summer.
Part of the project includes a $20 million mitigation program to add about 260 acres of new wetlands to the area and establish an endowment for Baker University to care for the property.
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DRINKING
New drunk driving laws take effect
JESSICA TIERNEY editor@kansan.com
You can't refuse a breathalyzer test anymore, unless you want to pay $1,750.
"What this new legislation would like to do is add thousands of more people to the county jail system at a cost of $2 million and congest the court system," said defense attorney Jay Norton.
Drunk driving is considered a serious offense in the state of Kansas for many reasons, but primarily because some drunk driving accidents are fatal.
On July 1, the Kansas Legislature enacted a new law criminalizing the refusal of taking a breath, blood or urine test when being pulled over with the suspicion of drunk driving. Refusal can result in jail time and fine of up to $1,750 for first time offenders. In addition, refusal of the test is an automatic one-year license suspension, along with another year of driving with an ignition interlock device. Ignition interlock devices require drivers to pass a breathalyzer test before starting the car.
He asked the police officer, "What if I refuse the breathalyzer test?" The officer replied, "It's an automatic one-year driving suspension." Cummings says in these situations, you know they have you in some way.
"I can't really take the moral high ground, even after my handling by the courts," said Cummings.
Kevin Cummings, a junior from Overland Park, was introduced to some of the strictest DUI laws in the country on a "normal Saturday night" in April 2009.
According to the Centers for Disease Control, in 2009, there were 10,839 fatalities alone resulting from alcohol-impaired driving. This statistic accounts for 32 percent of all traffic-related deaths in the United States that year. The risk for collegeage students is even higher. According to the same CDC statistics, 35 percent of drivers involved in fatal drunk driving accidents were between the ages of 21 and 24.
When in doubt, take a taxi.
Edited by Maegan Mathiasmeier
Penalties:
As of July 1, Kansas law criminalizes the refusal to take a breath, blood or urine test when pulled over on suspicion of drunk driving.
- 1st Time Refusal: Class A Nonperson Misdemeanor, $1,250 fine, 1 year license suspension followed by 1 year with an ignition interlock device
- 2nd Time Refusal: Class A Nonperson Misdemeanor, 90 days to 1 year jail, $1,750 to $2,500 fine, 1-year license suspension followed by 2 years with an ignition interlock device
- 3rd Time Refusal: Nonperson felony. 90 days to 1 year jail, $2,500 fine, 1 year license suspension followed by 3 years with an ignition interlock device
Source: Gigstad Law Office LLC website
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