Prairie Village driving under the influence (drunk driving/DUI/DWI) attorneys
In most cases, you only have 14 days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long. For a first time DUI, the Department of Revenue may suspend your license for 30 days and then restrict your license for 330 days after that. It is highly suggested that you retain a Prairie Village, Kansas DUI attorney immediately to protect your rights and driving privileges.
At the Law Offices of Jeremiah Johnson, LLC, we recognize that everyone is innocent until proven guilty and that being charged with a DUI is not the same as being convicted of a DUI. Breathalyzers, and field side sobriety tests (FST's) can be highly inaccurate under certain conditions and we believe in exploring every angle relating to the FST's and Breathalyzer results when evaluating your case to ensure that your rights are protected.
As mentioned above, a DUI in Kansas essentially has two components; (1) a criminal component where you could end up in jail and a fine of thousands of dollars; and (2) a civil component where you license could be suspended for years.
As a result, anyone charged with a DUI has their family, liberty, money, and license at jeopardy. This makes retaining an Prairie Village DUI lawyer extremely important. The DUI laws in Kansas and Missouri are different from other states and change almost every legislative session, so it is important to find a competent DUI attorney for your Prairie Village DUI.
We will evaluate every case aggressively to make sure that your rights are protected. This can be done through jury trials, motions to suppress, or other methods of criminal procedure.
How can a person be acquitted of a DUI charge in Prairie Village, Kansas?
If you're reading this page, that is undoubtedly the question on your mind. The final answer is not a simple one and cannot be given without consulting an experienced Prairie Village, Kansas DUI lawyer.
Relevant factors for securing an acquittal or dismissal of a DUI may include:
1. The lack of a lawful reason to stop your vehicle - If the police stopped your vehicle without a lawful reason, all evidence gathered as a result may be suppressed - not allowed into evidence. This analysis can swing on tiny issues and requires careful scrutiny. Contrary to popular belief, weaving within one's lane of traffic is usually not illegal.
2. Improper testing - Certain tests such as touching one's nose with a finger, walking and turning, reciting the alphabet backwards, counting, or balancing on one leg may not be admissible into evidence as they are not necessarily recognized as being a valid indicator of one's intoxication.
3. The lack of probable cause to believe a person is drunk - The police must make specific observations to conclude that they have probable cause to arrest a person for a DUI.Portable breath tests (also known as PBT's) - These tests are often not admissible into evidence as they are often not entirely accurate. In addition, the officer administering the test must do so properly for the indication to provide probable cause to arrest someone.
4. The Breathalyzer test may not be reliable - If the test is not reliable, it may not be able to be used against you in court. Reasons to exclude an breathalyzer/intoxilyzer test from evidence include a machine with an expired license, a machine with an inexperienced operator, a machine operating incorrectly, or an unlicensed machine operator.
5. Evidence may be the product of an illegal search - The police may not search a car simply because it has been pulled over for speeding or some other minor traffic offense - they must have some suspicion of criminal wrongdoing or consent from the driver. Any evidence that is the product of an illegal search would likely be inadmissible in court.
6. Medical and Health problems - These can factor into a court's analysis in determining whether a suspect gave police evidence that they had been drinking or were impaired.
Do you even need an experienced Prairie Village, Kansas DUI attorney?
Oftentimes people will hear from friends, co-workers, or even the police that a lawyer is not necessary for a first time DUI. This is an extremely dangerous proposition. The laws concerning Driving Under the Influence in Kansas have been tightening significantly in the past few years, which has made it even more important to retain an Prairie Village Kansas DUI attorney.
Any DUI, even a first time offense will likely have a dramatic effect on your life in the following ways:
Our Prairie Village DUI attorneys provide legal representation for driver's license suspensions resulting from Prairie VIllage DUI/DWI charges:
A Driver's License suspension is now likely in almost every Prairie VIllage DUI case. Your driver's license will be automatically suspended by the Kansas Department of Revenue if you do not request an administrative hearing within 14 days of receiving your pink sheet from the officer citing your for a DUI. If you continue to drive with a suspended license, you will be committing a class A misdemeanor every time you get behind the wheel of a car!
The State does not care how you'll get to work or pick up your kids from school - that is your problem is far as they're concerned. There are no hardships granted either. If you lose at this administrative hearing or do not request the hearing at all, the penalties are as follows:
FIRST TIME TEST FAILURE: Driving privileges are suspended for 30 days and restricted to driving to and from work, during the course of employment, and to school for 330 days. The reinstatement fee is $100.00.
SECOND AND THIRD TEST FAILURE: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device which requires the driver to blow into the device before the vehicle will start. The driver must rent the device from an approved agency for a considerable monthly sum and pay a reinstatement fee of $200.00.
FOURTH TEST FAILURE: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device which requires the driver to blow into the device before the vehicle will start. There is a significant reinstatement fee.
FIFTH TEST FAILURE: Permanent revocation. The license is suspended for the rest of the person's lifetime. There is currently no hope for reinstatement.
Jail time -
The Kansas DUI statute calls for jail time in every instance of a DUI. Simply pleading guilty and asking the Court to waive the jail time will not work - the judge is required to give you the stated jail time if plead guilty. Plea bargaining is NOT permitted in DUI cases in Kansas.
FIRST TIME DUI CONVICTION IN PRAIRIE VILLAGE: A 48 consecutive hour stay is the minimum while the maximum sentence is six (6) months imprisonment, or, in the court's discretion, 100 hours of community service. In some cases, some jurisdictions may let a defendant spend the mandatory 48 hours jail time in a residential treatment program. Probation is available in some cases, but only after the mandatory 48 hour stay has been served.
SECOND TIME DUI CONVICTION: The jail sentence will range from 90 days to a full year. Probation will be granted only after 5 days of jail time have been served. It is possible that a person may be able to consider house arrest or a work release program as jail time.
THIRD TIME DUI CONVICTION: A third DUI conviction is considered a felony, requiring the individual to be labeled a convicted felon for the remainder of their life. The jail sentence will range from 90 days to a full year. Often prosecutors and Courts are much less likely to look at imposing a minimum sentence for a third time DUI like they may have been for a second time DUI. Probation for a third time DUI is only available once a person has served 90 days in custody. A skilled attorney may be able to get up to 88 of the 90 days served under house arrest or in a work release program.
FOURTH TIME DUI CONVICTION: A fourth time DUI conviction is also a felony. The jail sentence will run from 90 to 365 days. Once the sentence ordered by the Court is served, the Department of Corrections will monitor the individual for one year which will include mandatory alcohol treatment.
FIFTH TIME DUI CONVICTION: A fifth time DUI conviction is a felony. Once the sentence ordered by the Court is served, the Department of Corrections will monitor the individual for one year which will include mandatory alcohol treatment.
In addition to losing your license and serving jail time, there are also significant expenses that follow a DUI conviction.
FIRST TIME DUI CONVICTION: A $500 - $1000 fine is mandated along with a $150 ADSAP fee. Court costs are also imposed.
SECOND TIME DUI CONVICTION: A $1000 - $1500 fine is mandated along with a $150 ADSAP fee. Court costs are also imposed.
THIRD TIME DUI CONVICTION: A $1500 - $2500 fine is mandated along with a $150 ADSAP fee. Court costs are also imposed.
FOURTH TIME DUI CONVICTION: A $2500 fine is mandated along with a $150 ADSAP fee. Court costs are also imposed.
FIFTH TIME DUI CONVICTION: A $2500 fine is mandated along with a $150 ADSAP fee. Court costs are also imposed.
Employment Effects -
A DUI can affect your employment in numerous ways.
First, many employers will refuse to hire someone convicted of a DUI. This is especially true if the person has been convicted of a felony (third or more) DUI. Second, the license suspension that accompanies a DUI can make it difficult, if not impossible for people to get to work. Finally, the social stigma that accompanies a DUI can make it difficult to live a normal work life.
Higher car insurance rates -
A DUI conviction can double or even triple your car insurance rates, if your insurance company doesn't decide to terminate your coverage. This can add up to thousand of dollars in extra costs over the years.
Numerous other effects -
A DUI conviction can affect relationships with family and friends. Oftentimes car rental companies will not rent to persons convicted of a DUI. College and grad schools also look down on DUI convictions and a conviction could cost you scholarship money or even a chance of adLenexa.The bottom line is this: If you find yourself charged with a DUI, you need immediate representation to protect your reputation and your livelihood. Call 913-764-5010 to schedule an appointment today.
5/12/08 - Arguing a Motion to Suppress in Overland Park Municipal Court based on State v. Schmitter and U.S. v. Gonzalez, we secured a not guilty verdict for our client.
5/1/08 -This office secured a win on a first time DUI in Johnson County District Court (magistrate division)
4/23/08 - Another Driver's License Administrative Hearing, another dismissal allowing our client - facing a 3 year license suspension - to keep his license. Today we relied on KSA 8-1002
4/21/08 - Today we successfully argued at sentencing for an advantageous sentence for a felony DUI client who had been charged and pled to a felony DUI and several associated charges. Originally facing over 5 years in prison, we argued for, and the court sentenced him to 12 months with 6 months of work release.
3/1/08 - Today this office won an Administrative Hearing against eh Kansas Department of Revenue Driver's License Bureau.
1/13/08 - Today this office represented a client who entered into a very advantageous plea in Johnson County District Court. Our client was charged with 7 crimes and, if convicted on all charges, could have led to 83 months in custody. The plea deal called for the client to plead guilty to 2 of 7 charges with a 12 month sentence and 6 months of work release.
9/27/07 - At another preliminary hearing in Johnson County District Court, Jeremiah Johnson successfully argued that the State lacked probable cause to proceed on a felony charge. This eliminated between 37 and 42 months of possible prison time facing his client.
9/16/07 - At a preliminary hearing in Johnson County District Court, Jeremiah Johnson argued against the State's case proceeding as filed, succeeding in securing a reduction in the charge. The case remains pending on the lesser charge.
8/30/07 - The Law Offices of Jeremiah Johnson, LLC was able to clear our client of a 2nd time DUI in Johnson County District Court.
6/15/07 - This office secured a dismissal in an administrative hearing for a driver's license suspension stemming from a DUI arrest. While dismissals due to an absent officer occasionally happen, this was a rare dismissal granted after evidence was presented.
5/24/07 - This office secured an acquittal in a DUI trial in Johnson County District Court in case 02TR259 after moving for a judgement of acquittal following the State's case. In doing so, the defense successfully showed that one of the required elements to convict was met only by the defendant's statements which did not meet the minimum burden for the State to make a prima facia case.
4/22/07--Once again we successfully utilized the Kansas Court of Appeals decision in State v. Ross, on a successful motion to suppress on a DUI case in Johnson County. The outcome of the motion to suppress led the state to dismiss all charges against our client.
4/9/07- Upon filing a motion to terminate based on State V. Bennett, our client was released from his probation in Olathe Municipal Court.
3/1/07- Upon successfully taking a traffic ticket to trial, our client's fine was reduced to $0.
2/9/07 Although we were retained only 6 weeks before a trial, the divorce order attorney Johnson obtained for our client was significantly better than the final settlement offer the client rejected.