Kansas City DUI Lawyers
- Payne, Richard:
If you have been charged with a crime, you are probably worried about
your future and that of your family. Many types of convictions can
change your life forever. They can affect your freedom and haunt you for
life.
- Colgan Law Firm:
DUI / DWI /Traffic Criminal Defense
Why is DUI a serious crime?
This offense is one which crosses all socio/economic levels of society and often includes those in society who do not consider themselves criminals. Unfortunately, the legislature in Kansas has decided that DUI is a crime and if someone is convicted of that crime mandatory jail time is required. That is why our law firm takes this offense so seriously and so should you.
There are numerous steps necessary for you to defend yourself against a convicition for operating a vehicle under the influence of alcohol. You need to select an experience DUI attorney. When making that selection ask whether the attorney is an experienced trial attorney. Does every person accused of DUI need an experienced trial attorney, no! But that experienced attorney will tell you whether their services are required.
Think back on the experience of being stopped by the officer and try to write down notes to yourself about what happened when you were stopped. These notes might be very important if at trial you hope to contradict the official version of the offense told by the arresting officer.
When you are charged with a DUI in Kansas you need to move very quickly to preserve all your rights under the law. Very importantly, there is a criminal track involving the court where you have to appear to defend yourself against the DUI charge and then there is a administrative track which involves your license to drive and the Kansas Department of Revenue. You have only 10 days to properly request a hearing and subpoena the necessary officers for your hearing. You need to be aware of both actions. Our law firm is very aggressive about representing you in both actions.
Under Kansas law, you do not have a constitutional right to drive. Driving is a privilege in Kansas and therefore the State can impose burdens on your ability to drive. Unlike the criminal process, you will not be afforded constitutional rights regarding your ability to drive or continue driving an automobile in Kansas. Therefore, the Department of Revenue can put what appear to be unconstitutional restrictions on your right to drive when you are legally stopped by a law enforcement officer. You do not have the right to an attorney. You do not have the right to refuse testing requested by law enforcement. You also need to request a separate hearing regarding your license and restrictions which may be imposed under the administrative regulations approved by the Department of Revenue. These are serious matters which, if not handled properly may result in lost employment, more severe restrictions than necessary and unfair information on your driving record.
Police Stop
There are certain constitutional protections that all citizens enjoy when stopped by police officers. The stop has to be legal, that is the stop has to satisfy all the necessary constitutional protections granted to all citizens of the United States. Police officers can not initiate a traffic stop just because they want to stop someone if they have a suspicion that the person might be driving under the influence of alcohol.
If you are stopped legally and the officer begins an investigation into possible intoxication and inability to safely operate a motor vehicle you will be asked to submit to various Òfield sobrietyÓ tests. Prior to taking these tests the officer must inform you of the implied consent law in Kansas which requires drivers to submit to tests required by law officers when they stop someone on suspicion of DUI. These tests, admissible in court, may include a walk and turn test, a one legged stand test. Finally the police officer will give you and a preliminary breath test or PBT, the results of which are not admissible in Kansas courts. If you fail the tests, in the opinion of the police officer, you will be arrested and taken to the nearest police station with equipment for further testing.
Testing on the Intoxilizer 8000
Over the last thirty years, law enforcement officials across the country have tried to establish testing procedures that establish a presumption under the law that someone is legally impaired if they donÕt meet certain standards of testing. The current generation of testing equipment used in Kansas is the Intoxilizer 8000 which measures the alcohol content in someoneÕs blood by requiring them to exhale deep lung air into the intoxilizer. There can be many reasons why someone will not be able to exhale the required amount of air for the Intoxilizer 8000 to register that someone is cooperating. You need a lawyer to explain your options if the arresting officer has determined that you refused the required test when asked to comply.
Do you need an attorney?
A DUI offense is something that can affect a personÕs life in so many unexpected ways and cuts equally across all segments of society. You need an attorney to explain the complicated set of laws and administrative regulations that will determine so many negative factors that if not understood and controlled can have devastating effects.
- Barnett Law Firm:
* Speeding tickets
* Careless driving
* Reckless driving
* Drunk driving/DUI
* Driving with a suspended license
* Driving without insurance
* Other moving violations
* Driving without a license
- Laing, Robert:
Traffic violations may involve many different situations and we work with our clients to make sure they know their options, no matter what their traffic violation may be. It is important to have an experienced lawyer to assist you when deciding how to handle your traffic violation:
*
DUI
*
DWI
*
Speeding tickets
Depending on your case, there are a number of potential consequences for a traffic violation.
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Suspended license
*
Hardship license
*
Increased insurance premium
*
Mounting fines
- Shores Law Firm:
Misdemeanor crimes are less serious crimes than felonies, but that doesnÕt mean you need a less serious defense. Depending on the severity level of the offence you could still be facing time in jail. Probation restrictions and time lost in jail can seriously hamper your ability to continue living a normal productive life. Even low level felonies can carry serious fines and can affect your permanent record and employment.
- Mahoney, Bill:
A drunk-driving arrest should not be taken lightly. A conviction can result in a hefty fine, increased insurance rates, the loss of your driver's license and even a jail sentence. You face not one, but two legal challenges Ñ a criminal proceeding for the drunk-driving charge and an administrative process that could lead to the loss of your driver's license.
- Bukaty Law Offices:
You Have a Lot to Lose Ð WeÕre on Your Side A conviction for Driving Under the Influence
(DUI)Êshould be avoided at all costs. ... DON'T LOSE YOUR LICENSE WITHOUT A FIGHT
Ñ If you fail to request an administrative driver's license hearing within 15 days of your arrest,
your license will be automatically suspended. ... It is possible to challenge your license suspension in Kansas... Don't wait! The Consequences of a DUI In
Kansas, even first-time offenders can face jail. With second offenses, some jail is mandatory, and a
third DUI is a felony with a sentence of up to one year in jail. Other consequences may include:
¥ Substantial fines ¥ License suspension from 30 days to 1 year or more ¥ A criminal record
¥ Higher insurance rates ¥ Mandatory treatment ¥ Community service ¥ Ignition interlock
on your vehicle Enhanced penalties: You face an even more difficult challenge if arrested for DUI
while having underage children in the car, an auto accident, drug possession, a very high BAC or
eluding police. Minors in Possession (MIP): If you are under age 21 you can be charged with an
alcohol offense for having barely any alcohol in your system and you face tougher license
suspensions under the Kansas ÒZero ToleranceÓ laws. Juveniles charged with DUI are treated the same
as adults and can face jail Refusal of a Breathalyzer test: Exercising your right not to give a
breath test can result in an automatic one-year license suspension for first-time offenders CDL
Holders: You can face tougher penalties and longer license suspensions even if stopped for DUI in a
non-commercial vehicle Aggressive Defense Anthony Bukaty examines every aspect of your case to get
charges dismissed or to challenge the prosecution at trial, including: ¥ Probable cause for the
traffic stop ¥ Evidence contained in police reports ¥ Validity of Breathalyzer tests and blood
or urine tests ¥ Proper administration of field sobriety tests ¥ Video evidence from patrol
cars and police station cameras It is possible to avoid being convicted of a DUI. By using the
proper legal techniques, Traffic Law Central can help you avoid a bad outcome. Do You Qualify for
Diversion or Probation? Kansas law does not allow drunk driving to be reduced to a lesser offense.
However, many first-time offenders can be eligible for a diversion program with probation instead of
jail. No conviction will appear on your criminal record.
- James Spies:
The impact of a DUI conviction can result in skyrocketing auto insurance rates and even the loss of your driver's license. If you need to drive to work or are in the transportation industry, you may face losing your job. Many charged with a DUI just want the matter to go away and make the mistake of pleading guilty without consulting an experienced DUI attorney first. The short and long-term effects of a DUI conviction are too significant not to have an aggressive DUI attorney at your side.
While many are familiar with the events that lead up to a DUI arrest, including field sobriety tests, breathalyzers, and other chemical tests, many are not aware of the administrative component. In Kansas, following your arrest, you have 10 days to file the necessary documents and request an administrative hearing. At the administrative hearing, it will be determined if your license will be suspended and/or restricted.
- Stone Law Office: Many
people dont realize that two cases are put into effect following a
DUI/DWI citation. The first is a criminal charge, and the second is
filed on behalf of the Kansas Department of Revenues Division of Motor
Vehicles to suspend your drivers license. After youve been charged with
a DUI/DWI, you have only 10 days to file a formal written request for a
drivers license hearing or your driving privileges will be suspended.
- Reginald Davis:
Criminal charges, whether felony or misdemeanor, are very serious
matters and must be dealt with immediately and thoroughly. Things can
be done to protect you and your rights, but you need to find an
attorney you can trust as early in the process as possible.
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