A violation of a diversion agreement will cause a revocation to be filed and a court hearing set to determine the issues outlined in the notice. The best course of action to maintain the agreement is to propose additional sanctions, such as the Weekend Intervention Program, in lieu of a revocation. In the end the defendant keeps his or her diversion in place while serving additional penalties like the WIP program or similar "in custody" program.
A good working relationship between the attorney and client is necessary to achieve the best results for the client. On rare occasion the relationship should be terminated when both parties consent to the termination in writing.
Pre-trial bond conditions following a DUI arrest generally requires NO drinking and NO drug use. The use of alcohol could affect your ability to get diversion and could increase the requirements for diversion, including the completion of the Weekend Intervention Program, a 48-hour alcohol treatment class.
Application for Limited Driving Permit in Kansas following One-Year Suspension for breath test refusals and test over 0.15%
Kansas law allows drivers to apply for a Restricted Permit after 90 days of a one-year suspension following a breath test refusal or failure over 0.15%. The Permit is only valid with the interlock device installed in any vehicle driven by the applicant.
The recent Executive Order signed by President Trump on 01/25/2017 directly affects the DUI/DWI cases where plea bargaining was the status quo on most cases. The non-citizen client now must decide to challenge their case due to possible removal proceedings following a conviction. Plea bargaining is not effective anymore.
The Kansas criminal breath test refusal statute, 8-1025, ruled unconstitutional based on 4th Amendment protections against unreasonable "searches" as a test of the human breath and blood is considered a search.
Prior Missouri DWI convictions will NOT be considered during sentencing on Kansas DUI convictions according to the recent Supreme Court case State v. Stanley. The Kansas DUI statute, 8-1567, is more narrow in its definition of "impairment" than the Missouri statute and therefore Kansas courts should not consider a Missouri conviction as a prior offense.
Marijuana convictions can block students from receiving financial aid. The best course of action is to get a lawyer to negotiate a plea to an amended charge of Possession of Paraphernalia.
Kansas Supreme Court ruled the criminal breath test statute was unconstitutional on 4th Amendment and other constitutional grounds and held that drivers can not face criminal charges for exercising their right to refuse an intoxilyzer test.
Decorated Vietnam Veteran Brannan, who suffered from PTSD and bi-polar disorder, set to be executed for the 1998 killing of a Georgia deputy during a routine traffic stop. Parole Board will determine whether to grant clemency to Brannan after considering his leadership actions while in combat; his subsequent diagnosis of mental illness; and the vicious nature of the killing of the deputy.
It is illegal in Kansas to drive with an open container in the vehicle. The penalties extend to your driver's license as a second offense results in a one-year suspension of your license.
Missouri courts allow drivers who lose the initial "telephone" hearing to contest the suspension in the circuit court where the arrest occurred. This is a called a De Novo review under Missouri statute 302.535. The burden of proof falls on the state to prove the driver was driving with a blood...
Kansas District Court Judge rules the criminal refusal statute in Kansas, KSA 8-1025, is unconstitutional as it violates a driver's 4th & 5th Amendment rights.
Wichita KS Police Department order body cameras for officers in response to Ferguson, MO, police shooting
A roadside breath test for marijuana is in the works according to a recent article in the High Times. The device, similar in construct to the portable device that tests for alcohol (PBT), was developed by a retired Canadian drug enforcement agent who believes the fear of pr...
Recently, Kansas City police arrested 14 drivers for DUI (driving under the influence) at a sobriety checkpoint in the 600 block of Prospect Avenue. Along with those 14 DUI arrests, there were an additional six arrests for driving with a suspended or revoked license, two arrests for moving violations and another eight related to traffic violations.
There are some things that we just need to fight for here in Kansas. One of them is our right to privacy. Right now, Congress is considering a bill known as the E-mail Privacy Act. This Act, referred to as HR 1852, was created by both Republicans and Democrats and would update the Electronic Communications Privacy Act (ECPA).
One topic that gets brought up quite a bit is whether kids should be susceptible to drug testing in Kansas schools. Currently, children at both secondary and elementary schools can be asked to partake in drug tests. This is based on two separate opinions by the United States Supreme Court. In general, these two opinions state that secondary and elementary school students can be drug tested when they are involved in sports or other extra curricular activities (Vernonia School Dist. 47J v. Acton and Board of Education v. Earls).
In approximately 20 states, an individual is legally permitted to possess and use marijuana for limited, medical purposes. Currently, neither Kansas nor Missouri permit the use of medical marijuana, but a concern arises when a resident of another state comes to either Kansas or Missouri and is found to have the drug for medical reasons.
Recently, there has been news about Missouri passing a law that would legalize marijuana. A bill was filed by Rep. Chris Kelly (D-Columbia) that would permit state marijuana users to possess and transport up to one pound of the drug, a pound of hashish, and more than a half-gallon of hashish oil without needing to obtain a license.