Some of my DUI cases result in my client getting diversion when 2 things occur: 1) the evidence does not support taking the case to trial; and 2) they are first-time offenders and were cooperative with law enforcement; The typical diversion involves a diversion fee of approximately $1000 and a one-year “supervised” probation, indicating that alcohol classes and random UA's will be required. If, however, the prosecutor moves to revoke the Diversion Agreement for non-compliance, i.e. failed UA or subsequent run-ins with the cops, then my client will get a hearing if they choose or may stipulate to the violation and proceed to sentencing on the original charges. The result is generally a conviction with mandatory 2 days jail or 2 days at the Weekend Intervention Program (WIP). The initial diversion fee paid up front is forfeited and the client must pay a new fine to the court. Recently, I secured a diversion for a client charged with DUI, who was aware of the condition prohibiting alcohol or drug use, but who nonetheless submitted multiple ‘dirty' UA's in the first 6 months of the diversion period. After a revocation notice was served, the client stipulated to the violations, served 2 days in WIP, but also lost her driver's license for 1 year despite our initial winning efforts at the license hearing. The revocation action on the diversion resulted in a “conviction” recording to the DMV that triggered the one-year suspension of her license. The moral to the story is that if you are granted diversion, you should fully comply with the conditions so that you may enjoy the full benefits and avoid paying twice for the same offense.
We serve all Kansas city and surrounding areas of Leawood, Shawnee, Lenexa, Olathe, Overland Park Ks.