Can prior out-of-state DUI convictions be used against the accused facing a new DUI charge in Kansas?

Posted by Matt McLane | Feb 22, 2019 | 0 Comments

Prior out of state convictions are subject to new considerations under the revised Kansas DUI statute, KSA 8-1567(j). Kansas courts will now look at the name of the offense (DUI), underlying elements of the offense (driving/incapable of safe operation/breath test over .08), and whether the out of state offense targets similar conduct to the Kansas offense. The revisions to the statute are a response to the court's ruling in State vs. Stanley, a 2014 case that ruled a prior Missouri DWI conviction was not a "comparable offense" and therefore not used against the defendant at sentencing of his Kansas DUI conviction.

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Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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