DUI Diversion Agreements in Kansas

Posted by Matt McLane | May 17, 2013 | 0 Comments

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.

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

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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