Felony DUI amended to a Misdemeanor after driver's criminal history challenged
Franklin County vs. DL: In 2015 my client was charged with a felony DUI in a district court. After careful review of the Journal Entries from the 2 previous DUI convictions, I determined that one of the priors should not be counted based on a lack of clarity whether my client was present at the sentencing, since he never signed the Plea Forms required at sentencing. The prosecutor agreed to discredit the one prior conviction that lacked clients signature; As a result, the charge was amended to a DUI-2nd offense. My client served 2 days in jail and house arrest for 10 days rather than the mandatory minimum 90 days in jail for a felony conviction. He remains in good standing with the probation office. The close review of the previous sentencing documents allowed us the opportunity to make the above argument.
Court: Kansas District Court