Marijuana Possession Charge amended to Jay Walking


Felony DUI amended to misdemeanor DUI after out-of-state convictions not counted due to recent case law

February 2017

State of Kansas vs. JJ: Client charged with felony DUI after being stopped on I-35 for speeding.  Client had 2 prior Missouri DWI convictions within the last 10 years.  These two convictions were used to elevate the new DUI charge to a felony based on the number of priors.  After hiring us, we filed a Motion to Strike the two prior Missouri convictions under a new case, State vs Stanley, that ruled that prior out-of-state convictions under statutes that are more broad in scope than the Kansas statute that incorporates the phrase " a degree that renders the person incapable of safely operating the motor vehicle" will not be counted as "prior convictions."  The Missouri statute 577.010 does not contain the above language contained in the Kansas statute.  We review all prior convictions to determine whether a challenge to the criminal history is proper and worthwhile.  The statutory language of the out-of-state statute must be similar to the Kansas statute in order to count against the accused.  The State vs. Stanley ruling has literally opened the door for such challenges and provides relief in some instances to accused DUI offenders who, unfortunately, have prior DUI convictions.

Practice area(s): DUI / DWI

Court: Johnson County District Court

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.

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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Mr. McLane´s clients benefit from his experience and reputation of being a respected, professional attorney with a strong work ethic who is committed to successfully resolving every client´s legal challenges in a Timely and Professional manner.

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