Archive for the Kansas DUI Category

KANSAS DUI & ADMINISTRATIVE DRIVER’S LICENSE SUSPENSION

Posted in DUI Administrative Hearing, Johnson County DUI, Kansas, Kansas DUI, Kansas Traffic Lawyer, KCKS DUI, kctrafficlawyer, Leawood DUI, Lenexa DUI, Merriam DUI, Mission DUI, Mission Hills DUI, Overland Park DUI, Prairie Village DUI, Shawnee DUI, Westwood DUI, Wyandotte County DUI on February 27, 2009 by Timothy Tompkins

 

Kansas DUI & Administrative Driver’s License Suspension

CALL KCTRAFFICLAWYER NOW TO SAVE YOUR LICENSE @ 913-707-4357.  IF YOU HAVE BEEN ARRESTED FOR DUI IN KANSAS THE CLOCK IS TICKING. YOU HAVE 10 DAYS.  Remember, there are two separate proceedings initiated when a person is cited for a DUI in Kansas. At the same time that a person is being prosecuted criminally, a civil administrative suit is brought by the Kansas Department of Revenue against his or her driver’s license. Neither case has any bearing on the other.

In KANSAS, After a person has been read the implied consent notice, been tested, or refused the test, the police officer will keep his or her plastic driver’s license. He must serve the person with a pink form that has been properly filled out by the officer. This form, titled “Officer’s Certification and Notice of Suspension, but commonly called a DC-27, will serve as the person’s driver’s license during the pendency of the administrative suit.

On the pink form, in the fine print, are instructions informing drivers that they must make a written request for a hearing concerning their driving privileges within 10 days. If the driver fails to make a written request within the 10 day limit, or doesn’t make the request properly, his license will be automatically suspended by the Department of Revenue. If the driver, or his attorney, does request a hearing, the driver will be given what is called an Administrative Hearing. This hearing will be conducted by telephone unless the driver or his attorney requests a face to face hearing. The request must also request that the certifying officer(s) be subpoenaed to the hearing.

American Due Process provides that before the government can take away your property, you must be given an administrative hearing to determine whether that taking is lawful. Of course, you have to make a request for that hearing to get one. When the Department of Revenue receives this request, they will send notice to the driver and/or his attorney that they have received it. The driver’s privileges will be extended until the date of the hearing. About three to six weeks after the request is mailed in, the driver and/or his attorney will receive notice of the hearing date and time. The hearing date is chosen by the Department and generally cannot be changed, moved or continued. The Department will also subpoena the arresting officer to be present for the hearing if you request that it do so.

The Kansas Department of Revenue will issue an order requiring that any video or audio tapes be provided by the police to the driver prior to the hearing. They will also mail the driver or his attorney certain documents which are important for the hearing. Our firm also frequently files motions at these hearings, and usually files a list of objections to the proceedings with the hearing officer/judge.

It is important that discovery be obtained through the criminal case prior to the hearing so that your attorney is prepared with all of the police reports, videotapes, audiotapes, documents concerning the breath testing machinery and its maintenance, the officer’s field sobriety training manuals, and other documentation so that you get a full and fair hearing and the officer can be properly cross-examined.

IF YOU TOOK THE TEST: At the administrative hearing of a driver who took and failed a test, the driver has the burden to prove (1) that the officer did not have reasonable grounds to believe that the person was operating a vehicle while under the influence of alcohol and/or drugs; or (2) that they were not arrested or were improperly arrested; or (3) that they were not given the implied consent notice; or (4) that the testing procedure was done incorrectly. Those are the only issues at the hearing and if you can’t prove it, you lose your license.

IF YOU REFUSED THE TEST: At the administrative hearing of a person who refused a test, the driver has the burden to prove (1) that the officer did not have reasonable grounds to believe that the person was operating a vehicle while under the influence; or (2) that they were not arrested or were improperly arrested; or (3) they were not given the implied consent notice; or (4) that they did not refuse the test. Those are the only issues at the hearing and if you can’t prove it, you lose your license.

IF YOU WERE IN A TRAFFIC ACCIDENT: At the administrative hearing of a person involved in a traffic accident, no matter how minimal the damage was to persons or property, the issues are the same except that if there is any indication that alcohol was involved (even if the driver had a teaspoon of beer), the only issue is whether the implied consent notice was given and whether the test was done properly.

IF YOU WERE UNDER 21 YEARS OF AGE AND TOOK THE TEST: Any person under the age of 21 who operates a motor vehicle with an alcohol concentration of .02 or greater is subject to having his or her driving privileges suspended. The issues at the hearing are the same as those for the over-21′s that took the test. If the underage person tested between .02 and .08 the suspension period is 30 days followed by 330 days of restrictions on the first occurrence and a one year suspension on the second. If the underage person tests between a .08 and .149, the suspension period is one year. If the test result is .150 or higher, the license is suspended for one year followed by one year of restriction to only operating a motor vehicle equipped with an ignition interlock device.

OTHER ISSUES OR DEFENSES: Administrative hearings are tough to win because the driver has the burden of proving that he wasn’t DUI, whereas in a criminal case it is the prosecutor’s burden to prove all elements of a DUI beyond a reasonable doubt. The easiest way to win is if the officer fails to appear. If the police officer doesn’t show up to the hearing – case dismissed. Whether a person was even driving may be a defense. Whether a person drank alcohol after driving may be a good defense. There are a multitude of technical statutory or constitutional arguments and defenses. There are also medical defenses (diabetics may often appear intoxicated during a period of insulin deficiency; asthmatics may have a hard time blowing into an Intoxilyzer machine). The list of defenses is only limited to the work and creativity that you and your attorney put into developing a defense for the administrative hearing.

SUSPENSION PENALTIES:
If you fail to meet your burden of proof at the administrative hearing:

  • FIRST TIME TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for 30 days and restricted to driving to and from work, during the course of employment, and to school for 330 days. The reinstatement fee is $100.00.
  • FIRST TIME TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.
  • SECOND AND THIRD TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $200.00.
  • SECOND TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 2 years of ignition interlock.
  • THIRD TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 3 years of ignition interlock.
  • FOURTH TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $300.00.
  • FOURTH TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 4 years of ignition interlock.
  • FIFTH TEST FAILURE: Permanent revocation. The license is suspended for the rest of the person’s lifetime and there is no provision currently provided in the law for reinstatement.

TEST REFUSAL

  • FIRST TIME REFUSAL: Driving privileges are suspended for one year. The reinstatement fee is $400.00.
  • SECOND TIME REFUSAL: Driving privileges are suspended for two years. The reinstatement fee is $600.00.
  • THIRD TIME REFUSAL: Driving privileges are suspended for three years. The reinstatement fee is $800.00.
  • FOURTH TIME REFUSAL: Driving privileges are suspended for TEN YEARS. The reinstatement fee is $1,000.00.
  • FIFTH TIME REFUSAL: Driving privileges are suspended FOREVER. The license is suspended for the rest of the person’s lifetime and there is no provision currently provided in the law for reinstatement.

NOTE: The administrative hearing and the criminal case are two separate suits. Neither one has any bearing whatsoever on the other. However, if you are suspended pursuant to one, that suspension will be run concurrent with a suspension in the other. So, if you lost at the administrative hearing and at trial, and it was your second time DUI, you would only be suspended for one year total. But, your driving record will reflect two separate suspensions for the same arrest.

APPEALING THE SUSPENSION: Every driver has the right to appeal the administrative driver’s license suspension to the district court of the county in which the hearing was held. This petition for review must be filed within 10 days or the suspension will stand. If an appeal is taken, the matter is heard anew by a judge and the administrative hearing is treated as though it never happened, except objections at the district court level must have been previously raised at the administrative level or they are deemed waived.  The driver’s privileges will most likely remain valid while the case is pending before the district court. Appealing an administrative hearing is an exceptionally complex task. The Kansas Department of Revenue will assign one of its attorney’s to “defend” against your petition for review and they do little else all day every day than try these cases.   Timothy R. Tompkins is the KCTRAFFICLAWYER & is licensed in Kansas & Missouri, a member of the National College of DUI Defense, CALL TIM before the DEADLINE SLIPS AWAY, TO HAVE ANY CHANCE TO SAVE YOUR LICENSE.  (913) 707-4357 on the web @ www.kctrafficlawyer.com

OLATHE TRAFFIC ATTORNEY: KCTRAFFICLAWYER.COM TIM TOMPKINS

Posted in Kansas, Kansas DUI, Olathe, Olathe Driving while suspended, Olathe DUI, Olathe Municipal Court, Olathe Speeding ticket, Olathe Traffic Attorney on January 19, 2009 by Timothy Tompkins

 

Olathe Traffic Attorney: DUI, Speeding, Careless, Reckless, Accidents, Warrants, Suspended Licenses, Failure to Stop or Yield, No Insurance, etc…

Olathe DUI Lawyer Olathe Speeding Tickets Olathe Traffic Attorney 

We handle Olathe, Kansas Traffic Cases: DUI, Speeding Tickets, Moving Violations, Driving While Suspended, Reckless Driving, Careless Driving, and other traffic tickets in Olathe.

We accept all major credit cards, and we are available for evening, weekend, early morning, and telephone appointments. We will even travel to you if you cannot make it to our offices.

A major portion of our practice is dedicated to representing individuals in Olathe Kansas who have received speeding tickets, other traffic tickets (such as reckless or careless driving, failure to stop, no insurance), Driving While Suspended (DWS), and Driving Under the Influence (DUI)charges. Our Olathe DUI lawyers are experienced in Olathe KS DUI law and have exerience handling DUI, speeding tickets, and other cases in Olathe Municipal Court. It is important to contact a lawyer immediately upon receiving a DUI in Olathe as Kansas DUI law is tough, and there are very specific time requirements in which to request a hearing to challenge the required suspension of your driver’s license.

We will analyze every facet of your Olathe DUI case and work hard to obtain the best possible outcome. If this is your first DUI in Olathe Kansas, you may be eligible for the Olathe diversion program. We are happy to provide you with a no cost consultation of your Olathe Kansas DUI or speeding/traffic ticket case.

You may call, email. Please call 913-707-HELP (4357), email Tim Tompkins timtomp@yahoo.com or visit our website for Olathe traffic assistance  at www.kctrafficlawyer.com

In offering this information to the public, it is not intended to create, nor does it create, an attorney-client relationship between any individual and KCTRAFFICLAWYER or any attorney affiliated therewith. An attorney-client relationship is only created upon review of the specific information in a case, acceptance of that case by the attorney, and payment of the required attorney’s fees or retainer. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Attorney Timothy R. Tompkins is licensed in Kansas, Missouri & Florida and has been handling Olathe DUI’s for over 10 years.

KANSAS DUI ATTORNEY. MISSOURI DWI ATTORNEY, SAVE YOUR LICENSE, SPEEDING TICKETS in KANSAS & MISSOURI

Posted in Kansas DUI, Kansas Traffic Lawyer, Missouri DWI, Missouri Traffic Lawyer, Speeding Tickets with tags , , , , on December 20, 2008 by Timothy Tompkins

Kansas DUI-Traffic-Criminal Defense Law Firm – 913-707-HELP Timothy R. Tompkins, Criminal Defense Lawyer Wesbite http://www.kctrafficlawyer.com

We handle DUI, DWI,  Speeding Tickets, Driving While Suspended, Hit and Run, Failure to Yield, Careless Driving, Reckless Driving, Failure to Provide Insurance and/or Registration and all other traffic law cases written by the Kansas Highway Patrol Missouri Highway Patrol or City officers in the following Counties/Cities in Kansas & Missouri:
Cheyenne, Rawlings, Decatur, Norton, Phillips, Smith, Jewell, Republic, Washington, Marshall, Nemaha, Brown, Doniphan, Sherman, Thomas, Sheridan, Graham, Rooks, Osborne, Mitchell, Cloud, Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson, Leavenworth, Johnson (Overland Park, OlatheLenexa, Shawnee, Prairie Village, Mission, Mission Hills, Mission Woods, Paola, Roeland Park, Fairway, Merriam, Lenexa,Leawood, Spring Hill, Gardner, Westwood, De Soto, Bonner Springs), Wyandotte, Miami, Wallace, Logan,GoveTrego, Ellis, Russell, Lincoln, Ottawa, Saline, Dickinson, Geary, Shawnee, Wabaunsee, Douglas, Franklin, Osage, Greeley, Wichita, Scott, Lane, Ness, Rush, Barton, Rice, McPherson, Marion, Chase, Lyon, Morris, Osage, Coffee, Anderson, Linn, Hamilton, KearnyFinneyHodgeman, Edwards, Pawnee, Stafford, Reno, Harvey, Stanton, Grant, Haskell, Gray, Ford, Kiowa, Pratt, KingmanSedgwick, Butler, Greenwood, Elk,Woodson, Allen, Bourbon, Wilson, Neosho, Crawford, Morton, Stevens, Seward, Meade, Clark, Comanche, Barber, Harper, Sumner, Cowley, Chautauqua, Montgomery, Labette, and Cherokee.
In Missouri Counties, Atcheson, Caldwell, Jackson, Platte, Cass, Lafayette, Clay.  In the Missouri Cities of Kansas City, Lone Jack, Lake Lotawana, Gladstone, Belton, Raymore, Grain Valley, Greenwood, Grandview, Blue Springs, Platte City, Parkville, Riverside, Claycomo, Liberty, Northmoor, Lake Houston, Pleasant Valley.
In most cases, these Counties will allow an amendment for Speeding ticket cases. Our offices are located in Kansas City, and Overland Park, Kansas.
Traffic Law is 99% of what we do and we have been doing it for over 15 years….hire experience!
We use the latest technology to communicate with our clients and the Court. Therefore, we can handle client payments, transmission of important documents, and other communications remotely. You may not have to leave your home or office to hire us and get your case resolved. Call for free quote…913-707-HELP (4357) in Missouri 816-729-2606 ask for Tim the KCTRAFFICLAWYER or email timtomp@yahoo.com

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