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Leawood DUI lawyer/law firm/attorney | driving under influence Leawood trial/diversion/plea | Leawood Driver's License Suspension

Leawood, Kansas DUI/DWI attorney - lawyer - law firm Car

The lawyers and staff in our Johnson County law office provide professional and personal representation for drivers charged with driving under the influence (DUI/DWI) in Leawood, KS.

The Leawood and Kansas DUI statutes are some of the toughest in the entire country with license suspensions, fines, and jail time required for every DUI conviction in Kansas - even for first time convictions of people with no criminal record! While this site contains a good summary of the laws you'll be encountering, every DUI case is unique and you should contact an attorney to get the information relevant to your unique case .

If you have been arrested or charged with DUI in Leawood, you want a lawyer with extensive knowledge of the drunk driving laws in Kansas. You need an attorney who understands how to interpret and challenge breathalyzer results, and who can effectively represent you at a driver's license suspension hearing with the Kansas Department of Revenue Driver's License Bureau. You want a DUI lawyer who will work every aspect of your case. You want an attorney who has experience in Leawood Municipal Court. Most importantly, when looking for reprentation for your Leawood DUI, you want a DUI lawyer who will treat you with courtesy and respect and not as though you're just another file.

At the Law Offices of Jeremiah Johnson, LLC, we represent men and women charged with DUI (driving under the influence) in Leawood and throughout Johnson County. Contact us to schedule a free initial consultation.

More info about Leawood, Kansas DUI (driving under the influence) Laws:

Leawood, Kansas Driving Under the Influence charges/arrests involve two distinct and separate aspects:

(1) The Criminal Proceedings, which are resolved in the Leawood Municipal Court or Johnson County District Court.  This is the portion where the prosecuting jurisdiction is trying to put you in jail, force you to complete probation, levy significant fines, and require alcohol treatment and/or classes.

(2) The Administrative Hearing with the Kansas Department of Revenue's Driver's License Bureauwhich can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different and usually unrelated. At the administrative level, the Kansas Department of Revenue seeks to take your license from you. They do not care if you have no other means to get to work and they do not care if your family will be affected by the loss of your license.

You can win one and lose the other, win both, or lose both.  

 

Recent News regarding our law firm's DUI/DWI representation in Johnson County, KS

(Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)

7/9/10 - Our law office won another driver's license suspension case today.  This administrative hearing involved a Mission, Kansas driving under the influence (DUI/DWI) case.  Our attorneys won by arguing that the State had taken too long to hold the hearing, which was 14 months after our client's Mission DUI arrest.  

6/17/10 - Today our law office learned that a potential lifetime driver's license suspension had been dismissed against our client.  The case originated from a March DUI arrest in Johnosn County, KS by the Kansas Highway Patrol.  Our Johnson County DUI attorneys successfully challenged the proposed suspension based upon the lack of proper service, as required by Kansas law.

4/8/10 - We won an administrative hearing today by pointing out a techincal defect with the certification of the Intoxilyzer 8000 instrument.  This hearing was based on an Overland Park DUI.  Our client faced a 1 year suspension.

4/2/10 - Today our law office's DUI attorneys won another three administrative hearings with the Kansas Department of Revenue.  Two of our wins were from Olathe DUI charges, and one from a Shawnee DUI.  Our Johnson County DUI attorneys won primarily by fighting the foundational requirements for the admissibility of the Intoxilizyer 8000 breath test. If we can successfully suppress the results of this test, we will usually win breath test failure administrative license hearings.

3/12/10 - Today our law office won two driver's license administrative hearings resulting from second time driving under the influence (DUI) charges filed in Leawood, KS and Shawnee, KS.  We won one license hearing after successfully arguing that the certification documents (accompanying the DC-27 pursuant to KSA 8-1002) were incorrectly completed and therefore supported dismissal.  We won the other hearing based upon aruging that the presence of a last-minute officer subpoena required the attendence of the assisting officer.

3/5/10 - Today our law office won a DUI driver's license Administrative Hearing with the Kansas Department of Revenue.  Our successful argument was based on a defective DC-27 certification.  This approach saved our client from a 1-year driver's license suspension.  The case stemmed from a DUI stop by the Johnson County Sheriff's Office in DeSoto, KS.  

2/12/10 - Today our Johnson County DUI lawyers won a DUI driver's license Administrative Hearing resulting from an Olathe, KS DUI stop.  Attorney Scott McFall siezed on the arresting officer's fuzzy memory of the stop, arrest, and breath testing and were able to prevent a 2 year license suspension from being imposed on our client.

2/4/10 - Today we argued a Motion to Suppress in Johnson County District Court.  Our Motion alleged that both the stop of our client and his arrest violated the Constitutions of the United States and Kansas.  Our arguments prevailed and the Court ordered that nearly all of the evidence gathered by police be suppressed.  Motions to Suppress are one of the most effective tools we use in fighting DUI charges in Johnson County.

1/11/10 - We represented a client in a DUI jury trial in Johnson County District Court.  The trial ended early with a "mistrial" due to the police officer's repeated mention of inadmissible matters.  As a result, we were able to negotiate with the State for a dismissal of the driving under the influence charge.  This was especially helpful for our client for whom we had recently prevailed at the administrative hearing.

12/18/09 - Today we received notice from the Kansas Department of Revenue that our client's proposed 3 year driver's license suspension would not be enforced.  We successfully pointed out a defect in the "personal service" requirement of the DC-27 form used to initiate driver's license suspension proceedings.

12/11/09 -Today Scott McFall prevailed at a driver's license hearing involving a proposed 1 year driver's license suspension resulting from an Olathe DUI arrest and charge.  The criminal portion of this case also turned out extrememly well. We were able to negotiate a deal with prosecutors under which the DUI charge against our client may ultimately be dismissed.

12/4/09 - We won an administrative hearing on a case with a proposed 1 year driver's license suspension (followed by a 2 year ignition interlock requirement)  Our successful arguments were based on the "resonable grounds" that the Johnson County law enforcement officer relied upon.

11/05/09 - Today we received confirmation from the Kansas Department of Revenue that our client's proposed 1 year driver's license suspension was dismissed.  This winwas crucial as our client must drive a vehicle for his employment.

10/20/09 - Today we secured the dismissal of two felony charges filed in Johnson County District Court against our client.  These charges were a result of a driving under the influence stop in Gardner, KS.  We felt that they were added in an attempt to "strongarm" our client into accepting a plea deal on the DUI charge and we refused to cave into the prosecutor's demands.  The dismissal of the charges means that our cleint is no longer facing a lengthy prison sentence.

9/10/09 - Today we helped our client avoid a 3 year driver's license suspension proposed by the   Kansas Department of Revenue.  Our defense focused on the personal service (or lack of in this case) which did not comply with the statute governing DUI driver's license suspensions.

8/20/09 - Scott McFall won a trial in Olathe Municipal Court.  This case involved an auto accident in Olathe where the City was attempting to also assess over $3000 in restitution as a result of the auto accident invovled in this case.  In convincing the Court that our client was not guilty, we not only kept a conviction from marring their driving record, but we also saved them over $3000!

8/10/09 - Today we received notice from The Kansas Department of Revenue that one of our Johnson County District Court clients, who was facing a 1 year driver's license suspension had prevailed.  We successfully pointed out that the State Trooper who had certified the document used to trigger the license suspension process - called a DC-27 - was incorrectly certified. 

6/24/09 -  Our law office's newest attorney, Scott McFall, negotiated a dismissal of a Shawnee, KS driving under the influence (DUI) charge.  Securing a dismisssal of a Johnson County DUI charge is extremely difficult because the statute specifically states that the DUI charge may not be amended to another charge and may not be dismissed without judicial approval.  Scott McFall was able to persuade the prosecutor that the City's case was insufficient to support a conviction.  Over 6 weeks before, we were able to demonstrate that the DC-27 was "defective on it's face," meaning that the license suspension proposed by the Kansas Department of Revenue was also dismissed.

 6/18/09 - Today we secured an acquittal on a DUI charge in Overland Park Municipal Court.  Our client was charged with driving under the influence and was also facing a 1 year driver's license suspension for refusing the breath test.  The trial stretched over two days after we discovered mid-trial that a video from one of the responding officers had not been produced.  This trial featured a Motion to Suppress over 4 different Constitutional issues.  Our client was an entreprenuer who relied on his license to make a living.

 

5/22/09 - Today we won two administrative hearings, fighiting off proposed suspensions of 1 and 3 years. We successfully raised issues regarding the officer's certifcation, our client's withdrawal of refusal under the terms of Standish v. Department of Revenue, 235 Kan. 900, (1984), the flawed field side sobriety tests given by the Gardner Department of Public Safety officer, and an improper DC-70 advisory notice.

 

4/14/09 - A felony case against our client was dismissed following a jury trial in Johnson County District Court.  

3/14/09 - Today we succesfully defended our client's driver's license at an Administrative Hearing with the Kansas Department of Revenue.  We strenuoulsy argued that the "tag team" approach to meeting the Kansas Department of Health and Environment's (KDHE) protocol was not sufficient to render a valid breath test.

2/27/09 - Today Scott McFall (the newest attorney working on DUIs in our office) convinced the Paola Municipal Court to approve house arrest for our client who was facing 90 days in custody.  This result is especially noteworthy because Paola did not have a house arrest program in place and the statute our client was being sentenced on called for a 90 day mandatory sentence.  Scott had to convince the Court to allow a house arrest program to be set up in order to get this intiated.  As a result, our client will be allowed to serve his 90 days on house arrest instead of wasting time in jail.  This will allow him to avoid losing his job as a person is usually allowed to work while on house arrest.

2/25/09 - Today the Kansas Department of Revenue dismissed our client's proposed 3 year driver's license suspension stemming from a DUI charge in Johnson County District Court.  This law office sucessfully argued that the Kansas Highway Patrolman did not obtain personal service in a timely fashion as indicated on the DC-27.  

2/9/08 - We took part in a jury trial in Johnson County District Court which resulted in a hung jury.  The long term effect of this result was that the defendant will not be retried for DUI. 

11/20/08 - We secured a dismissal of a Johnson County District Court DUI case  after we filed a Motion to Dismiss, citing the Kansas Speedy Trial Act and the Due Process Clause of the Constitution.  The Court agreed with our filings and dismissed the case without a hearing.  We had previously prevailed on the driver's license suspension portion of this charge and it leaves are client with a clean driving record and criminal history. 

11/16/08 - Upon reviewing a client's DC-27, we found a "fatal flaw" in the police officer's certification that allowed us to beat the  1 year driver's license suspension proposed by the Kansas Department of Revenue. Our client was facing the possibility of losing his job if his license was suspended.  The DC-27 is the pink sheet that law enforcement gives you when they take your license after a breath test failure or refusal.

9/12/08 - We successfully challenged our client's proposed 1 year driver's license suspension at the Administrative Hearing with the Kansas Department of Revenue. We showed the hearing officer that the arresting officer's observations were not supported by the evidence or even the obserations by the other officer's who had contact with our client.  A single mom, our client desperately needed to keep her license as she had no othe way to take care of her kids.

7/21/08 - Today we successfully defended our client in an administrative hearing resulting from a DUI stop in Johnson County.  The issues presented included medical andsituational factors.

5/12/08 - Arguing a Motion to Suppress in Overland Park Municipal Court based on State v. Schmitter and U.S. v. Gonzalez, we secured a not guilty verdict for our client.

5/1/08 -This office secured a win on a first time DUI in Johnson County District Court (magistrate division)

4/23/08 - Another Driver's License Administrative Hearing, another dismissal allowing our client - facing a 3 year license suspension - to keep his license.  Today we relied on KSA 8-1002

4/21/08 - Today we successfully argued at sentencing for an advantageous sentence for a felony DUI client who had been charged and pled to a felony DUI and several associated charges.  Originally facing over 5 years in prison, we argued for, and the court sentenced him to 12 months with 6 months of work release.

3/1/08 - Today this office won an Administrative Hearing against eh Kansas Department of Revenue Driver's License Bureau.


1/13/08 - Today this office represented a client who entered into a very advantageous plea in Johnson County District Court.  Our client was charged with 7 crimes and, if convicted on all charges, could have led to 83 months in custody.  The plea deal called for the client to plead guilty to 2 of 7 charges with a 12 month sentence and 6 months of work release.

9/27/07 - At another preliminary hearing in Johnson County District Court, Jeremiah Johnson successfully argued that the State lacked probable cause to proceed on a felony charge.  This eliminated between 37 and 42 months of possible prison time facing his client.

9/16/07 - At a preliminary hearing in Johnson County District Court, Jeremiah Johnson argued against the State's case proceeding as filed,  suceeding in securing a reduction in the charge.  The case remains pending on the lesser charge.


8/30/07 - The Law Offices of Jeremiah Johnson, LLC was able to clear our client of a 2nd time DUI in Johnson County District Court.


6/15/07 - This office secured a dismissal in an administrative hearing for a driver's license suspension stemming from a DUI arrest.   While dismissals due to an absent officer occasionally happen, this was a rare dismissal granted after evidence was presented.


5/24/07 - This office secured an acquittal in a DUI trial in Johnson County District Court in case 02TR259 after moving for a judgement of acquittal following the State's case.  In doing so, the defense successfully showed that one of the required elements to convict was met only by the defendant's statements which did not meet the minimum burden for the State to make a prima facia case.


4/22/07--Once again we successfully utilized the  Kansas Court of Appeals  decision in State v. Ross, on a successful motion to suppress on a DUI case in Johnson County.  The outcome of the motion to suppress led the state to dismiss all charges against our client.


4/9/07— Upon filing a motion to terminate based on State V. Bennett, our client was released from his probation in  Olathe Municipal Court.


3/1/07— Upon successfully taking a traffic ticket to trial,  our client's fine was reduced to $0.

2/9/07 Although we were retained only 6 weeks before a trial, the divorce order attorney Johnson obtained for our client was significantly better than the final settlement offer the client rejected.

 

Potential criminal penalties from a Leawood Kansas DUI charge: 

If you are charged with a DUI in Leawood, you are facing:

1. Jail time - A first time conviction is punishable by up to 6 months in the county jail.  This office has had considerable success in reducing penalties levied for first time convictions to the statutorily minimum 48 hours in jail.  In some cases, a skilled Leawood DUI attorney can secure the CWIPS (community weekend intervention program) class which allows the jail time to be served in a a facility other than the county jail.

A second conviction for an Leawood, DUI (or any other DUI in Kansas) is a Class A misdemeanor offense with a sentence as long as one full year. KSA 8-1567 states that the defendant must serve at least five consecutive days in custody before probation is granted, but after hearing arguments from a skilled Leawood DUI attorney, the Leawood Municipal Court Judge can order the defendant to serve only 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the statutory 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required.

A third conviction for an Leawood DUI (or any other Kansas DUI) is a felony punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, after hearing arguments from a skilled Leawood DUI attorney, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. A third time conviction will be prosecuted in Johnson County District Court as Leawood Municipal Court does not usually have jurisdiction to preside over felony proceedings. 

A fourth conviction for an Leawood DUI is also a felony. Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. However, after arguments by an Leawood DUI attorney aremade, a person convicted of a fourth or subsequent DUI, might be ordere to only serve 72 hours in jail before being eligible for a work release program. Penalties for a fifth or subsequent

2. Fines - A first time DUI in Leawood carries a fine between $500 and $1000.

The fine for a second DUI conviction in Leawood can range from $1,000 to $1,500.

The fine for a third conviction for DUI in Johnson County ranges from $1,500 to $2,500.

The fine for a fourth or subseqent DUI conviction in Johnson County is at least $2,500.

 3. Suspension of your drivers license - a first time conviction or Intoxilyzer test failure carries a minimum suspension of 30 days with a 330 day restriction (school, work and a few other items), while refusing to take the Intoxilyzer carries a 1 year suspension. Subsequent breath test failures or refusals can result in a lifetime driver's license revocation.  More details are available below, but the most important thing to remember is this: In most Leawood DUI cases, you only have 10 business days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long.

 4. Probation Costs and Hassles - In cases where probation is granted, you will likely be ordered to meet with a probation officer one or more times each month. You may also be required to submit to urinalysis (UA's) and breathalyzers upon demand. You will be ordered by the court to stay out of establishments that serve alcohol. You will also be ordered to complete a "drug and alcohol evaluation" and follow the recommendations which will likely include classes and inpatient or outpatient treatment.

 5. Court Costs and Monitoring Fees - In addition to the fines prescribed by the Kansas DUI statutes, you will be responsible for court costs and monitoring fees which can range into hundreds or even thousands of dollars.

 6. Social Effects - A Johnson County DUI can affect your job status and eligibility, can subject you to ridicule from family and friends and the penalties may seriously affect your daily life.

 At the Law Offices of Jeremiah Johnson, LLC, we recognize that everyone is innocent until proven guilty and that being charged with a DUI is not remotely the same as being convicted of a DUI. While many people accept DUI tests as irrefutable evidence, in actuality Breathalyzers and field side sobriety tests (FST's) can be highly inaccurate under certain conditions. We believe that the FST's and Breathalyzers used are some of the most inaccurate and unreliable methods of gathering evidence in all of law enforcement. As a result, we believe in exploring every angle relating to the FST's and Breathalyzer results when evaluating your case to ensure that your rights are protected.

In most Leawood DUI cases, you only have 10 business days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long. Suspensions range from as short as 30 days (with a 330 day suspension) to lifetime suspensions with no eligibility for reinstatement. Thus, it is highly suggested that you retain an experienced Johnson County, Kansas DUI attorney immediately to protect your rights and driving privileges.

How long could your driver's license be suspended as a result of a Leawood DUI charge?

The term of driver's license suspension that you face depends upon several factors: (1)whether you failed the chemical test or whether you refused to submit to it; (2)whether this is your first or subsequent test failure or refusal; and (3)whether you are over or under 21 years of age. The length of the suspension ranges from 30 days to permanent revocation of driving privileges, please call us for more information about your specific case. People charged with a Kansas DUI are entitled to an administrative hearing with the Kansas Department of Revenue where the driver or their Kansas DUI lawyer can challenge the grounds upon which your license is suspended.

If you or your Kansas DUI attorney requests an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing which is frequently scheduled months after the request.

In Johnson County, Leawood DUI Administrative Hearings are usually scheduled at least 3 months after the Leawood DUI is charged, although recent experience has suggested that the wait is as long as 4 months. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case.  If your license was valid before the charge, it will likely remain valid until the hearing, regardless of its outcome or the outcome of your criminal case.

The Administrative Hearing with the Kansas Department of Revenue

The difficult part of the Department of Revenue administrative hearing is that the burden of proof is shifted- instead of the state having to prove that you are guilty and your license should be uspended, you have to the burden of proving that your license should not be taken from you.

At the Kansas DUI administrative hearing regarding your Leawood DUI charge, a number of issues can be raised by your DUI lawyer in your defense, depending on the facts of your case. These issues include:
(1)whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs;
(2)whether you were given the legally required notices before being asked to submit to testing;
(3)whether your actions constituted a legal refusal to take the test;
(4)whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE);
(5)whether there were other due process or constitutional issues.

If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you or your Leawood DUI attorney must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 calendar days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you quickly retain a well-qualified Leawood, Kansas DUI defense lawyer as soon as possible after your Leawood DUI arrest.

Possible Suspensions from a Leawood DUI include:

INTOXILYZER 8000 TEST FAILURE IN Leawood

1st time Intoxilyzer 5000/8000 test failure in Leawood 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.

1st time Intoxilyzer 5000/8000 test failure in Leawood above .150: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.

2nd and 3rd test failures in Leawood 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.

2nd test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 2 years of ignition interlock.

3rd test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 3 years of ignition interlock.

4th test failure in Leawood of .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.

4th test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 4 years of ignition interlock.

5th test failure in Leawood : 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 IN Leawood

1st Time Refusal in Leawood: Driving privileges are suspended for one year. The reinstatement fee is $400.00.

2nd Time Refusal in Leawood: Driving privileges are suspended for two years. The reinstatement fee is $600.00.

3rd Time Refusal in Leawood: Driving privileges are suspended for three years. The reinstatement fee is $800.00

4th Time Refusal in Leawood: Driving privileges are suspended for ten years. The reinstatement fee is $1,000.00

5th Time Refusal in Leawood: 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.

For experienced and aggressive legal representation in the defense of a DUI charge in Leawood, contact my offices to schedule a free initial consultation. My offices are open from 7 am until 6 pm, Monday through Friday and evening and weekend hours are available by appointment. I accept Visa, MasterCard, Discover and American Express.

 

(Selected portions of) KSA 8-1567.   Driving under influence of alcohol or drugs; blood alcohol concentration; penalties.

(a) No person shall operate or attempt to operate any vehicle within this state while:

(1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, Including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;

(2) the alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more;

(3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;

(4) under the influence of any drug or combination of drugs to a degree rendering the person incapable of safely driving a vehicle; or

(5) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

(b) No person shall operate or attempt to operate any vehicle within this state if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.

(c) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.

(d) Upon a first conviction of a violation of this section, a person shall be guilty of a class B, nonperson misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service, and fined not less than $500 nor more than $1,000. The person convicted must serve at least 48 consecutive hours' imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, or both the education and treatment programs.

(e) On a second conviction of a violation of this section, a person shall be guilty of a class A, nonperson misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $1,500. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto.

(f) On the third conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,500 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The court may also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.

(g) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. At the time of the filing of the judgment form or journal entry as required by K.S.A. 21-4620 or 22-3426, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The l agency maintaining custody and control of a defendant imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the secretary of corrections within three business days of receipt of the judgment form or journal entry from the court and notify the secretary of corrections when the term of imprisonment expires and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the secretary. After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of postrelease supervision, which such period of postrelease supervision shall not be reduced. During such postrelease supervision, the person shall be required to participate in an inpatient or outpatient program for alcohol and drug abuse, including, but not limited to, an approved aftercare plan or mental health counseling, as determined by the secretary and satisfy conditions imposed by the Kansas parole board as provided by K.S.A. 22-3717, and amendments thereto. Any violation of the conditions of such postrelease supervision may subject such person to revocation of postrelease supervision pursuant to K.S.A. 75-5217 et seq. , and amendments thereto and as otherwise provided by law.

 

The Law Offices of Jeremiah Johnson, LLC
104 E. Poplar
Olathe, KS 6606

Phone:(866) 656-1268
Fax: (913) 764-5012

At the Law Offices of Jeremiah Johnson, LLC, in Olathe, we represent individuals throughout Johnson County and northeast Kansas, including Leawood, Shawnee, Merriam, Prairie Village, Leewood, Mission, Mission Hills, Fairway, Roeland Park, Mission Woods, Westwood, Westwood Hills, Leawood, Edgerton, De Soto and Bonner Springs.
 

Are you or is someone you know looking for an attorney/lawyer/law firm for a Leawood, Kansas DUI charge? cop

The lawyers and staff in our law office provide professional and personal representation for drivers charged with DUI in Leawood, KS.

The Leawood and Kansas DUI statutes are some of the toughest in the entire country with license suspensions, fines, and jail time required for every DUI conviction in Kansas - even for first time convictions of people with no criminal record! While this site contains a good summary of the laws you'll be encountering, every DUI case is unique and you should contact an attorney to get the information relevant to your unique case .

If you have been arrested or charged with DUI in Leawood, you want a lawyer with extensive knowledge of the drunk driving laws in Kansas. You need an attorney who understands how to interpret and challenge breathalyzer results, and who can effectively represent you at a driver's license suspension hearing with the Kansas Department of Revenue Driver's License Bureau. You want a DUI lawyer who will work every aspect of your case. You want an attorney who has experience in Leawood Municipal Court. Most importantly, when looking for reprentation for your Leawood DUI, you want a DUI lawyer who will treat you with courtesy and respect and not as though you're just another file.

At the Law Offices of Jeremiah Johnson, LLC, we represent men and women charged with DUI (driving under the influence) in Leawood and throughout Johnson County. Contact us to schedule a free initial consultation.

Some info about Leawood, Kansas DUI (driving under the influence) Laws:

Leawood, Kansas Driving Under the Influence charges/arrests involve two distinct and separate aspects:

(1) The Criminal Proceedings, which are resolved in the Leawood Municipal Court or Johnson County District Court.  This is the portion where the prosecuting jurisdiction is trying to put you in jail, force you to complete probation, levy significant fines, and require alcohol treatment and/or classes.

(2) The Administrative Hearing with the Kansas Department of Revenue's Driver's License Bureauwhich can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different and usually unrelated. At the administrative level, the Kansas Department of Revenue seeks to take your license from you. They do not care if you have no other means to get to work and they do not care if your family will be affected by the loss of your license.

You can win one and lose the other, win both, or lose both.  

 

Recent News
(Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)
6/24/08 -  Our law office's newest attorney, Scott McFall, negotiated a dismissal of a Shawnee, KS driving under the influence (DUI) charge.  Securing a dismisssal of a Johnson County DUI charge is extremely difficult because the statute specifically states that the DUI charge may not be amended to another charge and may not be dismissed without judicial approval.  Scott McFall was able to persuade the prosecutor that the City's case was insufficient to support a conviction.  Over 6 weeks before, we were able to demonstrate that the DC-27 was "defective on it's face," meaning that the license suspension proposed by the Kansas Department of Revenue was also dismissed.
 6/18/09 - Today we secured an acquittal on a DUI charge in Overland Park Municipal Court.  Our client was charged with driving under the influence and was also facing a 1 year driver's license suspension for refusing the breath test.  The trial stretched over two days after we discovered mid-trial that a video from one of the responding officers had not been produced.  This trial featured a Motion to Suppress over 4 different Constitutional issues.  Our client was an entreprenuer who relied on his license to make a living.

5/22/09 - Today we won two administrative hearings, fighiting off proposed suspensions of 1 and 3 years. We successfully raised issues regarding the officer's certifcation, our client's withdrawal of refusal under the terms of Standish v. Department of Revenue, 235 Kan. 900, (1984), the flawed field side sobriety tests given by the Gardner Department of Public Safety officer, and an improper DC-70 advisory notice.

4/14/09 - A felony case against our client was dismissed following a jury trial in Johnson County District Court.  
3/14/09 - Today we succesfully defended our client's driver's license at an Administrative Hearing with the Kansas Department of Revenue.  We strenuoulsy argued that the "tag team" approach to meeting the Kansas Department of Health and Environment's (KDHE) protocol was not sufficient to render a valid breath test.
2/27/09 - Today Scott McFall (the newest attorney working on DUIs in our office) convinced the Paola Municipal Court to approve house arrest for our client who was facing 90 days in custody.  This result is especially noteworthy because Paola did not have a house arrest program in place and the statute our client was being sentenced on called for a 90 day mandatory sentence.  Scott had to convince the Court to allow a house arrest program to be set up in order to get this intiated.  As a result, our client will be allowed to serve his 90 days on house arrest instead of wasting time in jail.  This will allow him to avoid losing his job as a person is usually allowed to work while on house arrest.
2/25/09 - Today the Kansas Department of Revenue dismissed our client's proposed 3 year driver's license suspension stemming from a DUI charge in Johnson County District Court.  This law office sucessfully argued that the Kansas Highway Patrolman did not obtain personal service in a timely fashion as indicated on the DC-27.  
2/9/08 - We took part in a jury trial in Johnson County District Court which resulted in a hung jury.  The long term effect of this result was that the defendant will not be retried for DUI. 
11/20/08 - We secured a dismissal of a Johnson County District Court DUI case  after we filed a Motion to Dismiss, citing the Kansas Speedy Trial Act and the Due Process Clause of the Constitution.  The Court agreed with our filings and dismissed the case without a hearing.  We had previously prevailed on the driver's license suspension portion of this charge and it leaves are client with a clean driving record and criminal history. 
11/16/08 - Upon reviewing a client's DC-27, we found a "fatal flaw" in the police officer's certification that allowed us to beat the  1 year driver's license suspension proposed by the Kansas Department of Revenue. Our client was facing the possibility of losing his job if his license was suspended.  The DC-27 is the pink sheet that law enforcement gives you when they take your license after a breath test failure or refusal.
9/12/08 - We successfully challenged our client's proposed 1 year driver's license suspension at the Administrative Hearing with the Kansas Department of Revenue. We showed the hearing officer that the arresting officer's observations were not supported by the evidence or even the obserations by the other officer's who had contact with our client.  A single mom, our client desperately needed to keep her license as she had no othe way to take care of her kids.
7/21/08 - Today we successfully defended our client in an administrative hearing resulting from a DUI stop in Johnson County.  The issues presented included medical andsituational factors.
5/12/08 - Arguing a Motion to Suppress in Overland Park Municipal Court based on State v. Schmitter and U.S. v. Gonzalez, we secured a not guilty verdict for our client.

5/1/08 -This office secured a win on a first time DUI in Johnson County District Court (magistrate division)

4/23/08 - Another Driver's License Administrative Hearing, another dismissal allowing our client - facing a 3 year license suspension - to keep his license.  Today we relied on KSA 8-1002

4/21/08 - Today we successfully argued at sentencing for an advantageous sentence for a felony DUI client who had been charged and pled to a felony DUI and several associated charges.  Originally facing over 5 years in prison, we argued for, and the court sentenced him to 12 months with 6 months of work release.
3/1/08 - Today this office won an Administrative Hearing against eh Kansas Department of Revenue Driver's License Bureau.

1/13/08 - Today this office represented a client who entered into a very advantageous plea in Johnson County District Court.  Our client was charged with 7 crimes and, if convicted on all charges, could have led to 83 months in custody.  The plea deal called for the client to plead guilty to 2 of 7 charges with a 12 month sentence and 6 months of work release.

9/27/07 - At another preliminary hearing in Johnson County District Court, Jeremiah Johnson successfully argued that the State lacked probable cause to proceed on a felony charge.  This eliminated between 37 and 42 months of possible prison time facing his client.
9/16/07 - At a preliminary hearing in Johnson County District Court, Jeremiah Johnson argued against the State's case proceeding as filed,  suceeding in securing a reduction in the charge.  The case remains pending on the lesser charge.

8/30/07 - The Law Offices of Jeremiah Johnson, LLC was able to clear our client of a 2nd time DUI in Johnson County District Court.

6/15/07 - This office secured a dismissal in an administrative hearing for a driver's license suspension stemming from a DUI arrest.   While dismissals due to an absent officer occasionally happen, this was a rare dismissal granted after evidence was presented.

5/24/07 - This office secured an acquittal in a DUI trial in Johnson County District Court in case 02TR259 after moving for a judgement of acquittal following the State's case.  In doing so, the defense successfully showed that one of the required elements to convict was met only by the defendant's statements which did not meet the minimum burden for the State to make a prima facia case.

4/22/07--Once again we successfully utilized the  Kansas Court of Appeals  decision in State v. Ross, on a successful motion to suppress on a DUI case in Johnson County.  The outcome of the motion to suppress led the state to dismiss all charges against our client.

4/9/07— Upon filing a motion to terminate based on State V. Bennett, our client was released from his probation in  Olathe Municipal Court.

3/1/07— Upon successfully taking a traffic ticket to trial,  our client's fine was reduced to $0.
2/9/07 Although we were retained only 6 weeks before a trial, the divorce order attorney Johnson obtained for our client was significantly better than the final settlement offer the client rejected.

Potential criminal penalties from a Leawood Kansas DUI charge: 

If you are charged with a DUI in Leawood, you are facing:

1. Jail time - A first time conviction is punishable by up to 6 months in the county jail.  This office has had considerable success in reducing penalties levied for first time convictions to the statutorily minimum 48 hours in jail.  In some cases, a skilled Leawood DUI attorney can secure the CWIPS (community weekend intervention program) class which allows the jail time to be served in a a facility other than the county jail.

A second conviction for an Leawood, DUI (or any other DUI in Kansas) is a Class A misdemeanor offense with a sentence as long as one full year. KSA 8-1567 states that the defendant must serve at least five consecutive days in custody before probation is granted, but after hearing arguments from a skilled Leawood DUI attorney, the Leawood Municipal Court Judge can order the defendant to serve only 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the statutory 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required.

A third conviction for an Leawood DUI (or any other Kansas DUI) is a felony punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, after hearing arguments from a skilled Leawood DUI attorney, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. A third time conviction will be prosecuted in Johnson County District Court as Leawood Municipal Court does not usually have jurisdiction to preside over felony proceedings. 

A fourth conviction for an Leawood DUI is also a felony. Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. However, after arguments by an Leawood DUI attorney are made, a person convicted of a fourth or subsequent DUI, might be ordere to only serve 72 hours in jail before being eligible for a work release program. Penalties for a fifth or subsequent

2. Fines - A first time DUI in Leawood carries a fine between $500 and $1000.

The fine for a second DUI conviction in Leawood can range from $1,000 to $1,500.

The fine for a third conviction for DUI in Johnson County ranges from $1,500 to $2,500.

The fine for a fourth or subseqent DUI conviction in Johnson County is at least $2,500.

 3. Suspension of your drivers license - a first time conviction or Intoxilyzer test failure carries a minimum suspension of 30 days with a 330 day restriction (school, work and a few other items), while refusing to take the Intoxilyzer carries a 1 year suspension. Subsequent breath test failures or refusals can result in a lifetime driver's license revocation.  More details are available below, but the most important thing to remember is this: In most Leawood DUI cases, you only have 10 business days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long.

 4. Probation Costs and Hassles - In cases where probation is granted, you will likely be ordered to meet with a probation officer one or more times each month. You may also be required to submit to urinalysis (UA's) and breathalyzers upon demand. You will be ordered by the court to stay out of establishments that serve alcohol. You will also be ordered to complete a "drug and alcohol evaluation" and follow the recommendations which will likely include classes and inpatient or outpatient treatment.

 5. Court Costs and Monitoring Fees - In addition to the fines prescribed by the Kansas DUI statutes, you will be responsible for court costs and monitoring fees which can range into hundreds or even thousands of dollars.

 6. Social Effects - A Johnson County DUI can affect your job status and eligibility, can subject you to ridicule from family and friends and the penalties may seriously affect your daily life.

 At the Law Offices of Jeremiah Johnson, LLC, we recognize that everyone is innocent until proven guilty and that being charged with a DUI is not remotely the same as being convicted of a DUI. While many people accept DUI tests as irrefutable evidence, in actuality Breathalyzers and field side sobriety tests (FST's) can be highly inaccurate under certain conditions. We believe that the FST's and Breathalyzers used are some of the most inaccurate and unreliable methods of gathering evidence in all of law enforcement. As a result, we believe in exploring every angle relating to the FST's and Breathalyzer results when evaluating your case to ensure that your rights are protected.

In most Leawood DUI cases, you only have 10 business days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long. Suspensions range from as short as 30 days (with a 330 day suspension) to lifetime suspensions with no eligibility for reinstatement. Thus, it is highly suggested that you retain an experienced Johnson County, Kansas DUI attorney immediately to protect your rights and driving privileges.

How long could your driver's license be suspended as a result of a Leawood DUI charge?

The term of driver's license suspension that you face depends upon several factors: (1)whether you failed the chemical test or whether you refused to submit to it; (2)whether this is your first or subsequent test failure or refusal; and (3)whether you are over or under 21 years of age. The length of the suspension ranges from 30 days to permanent revocation of driving privileges, please call us for more information about your specific case. People charged with a Kansas DUI are entitled to an administrative hearing with the Kansas Department of Revenue where the driver or their Kansas DUI lawyer can challenge the grounds upon which your license is suspended.

If you or your Kansas DUI attorney requests an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing which is frequently scheduled months after the request.

In Johnson County, Leawood DUI Administrative Hearings are usually scheduled at least 3 months after the Leawood DUI is charged, although recent experience has suggested that the wait is as long as 4 months. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case.  If your license was valid before the charge, it will likely remain valid until the hearing, regardless of its outcome or the outcome of your criminal case.

The Administrative Hearing with the Kansas Department of Revenue

The difficult part of the Department of Revenue administrative hearing is that the burden of proof is shifted- instead of the state having to prove that you are guilty and your license should be uspended, youhave to the burden of proving that your license should not be taken from you.

At the Kansas DUI administrative hearing regarding your Leawood DUI charge, a number of issues can be raised by your DUI lawyer in your defense, depending on the facts of your case. These issues include:
(1)whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs;
(2)whether you were given the legally required notices before being asked to submit to testing;
(3)whether your actions constituted a legal refusal to take the test;
(4)whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE);
(5)whether there were other due process or constitutional issues.

If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you or your Leawood DUI attorney must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 calendar days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you quickly retain a well-qualified Leawood, Kansas DUI defense lawyer as soon as possible after your Leawood DUI arrest.

Possible Suspensions from a Leawood DUI include:

INTOXILYZER 8000 TEST FAILURE IN Leawood

1st time Intoxilyzer 5000/8000 test failure in Leawood 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.

1st time Intoxilyzer 5000/8000 test failure in Leawood above .150: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.

2nd and 3rd test failures in Leawood 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.

2nd test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 2 years of ignition interlock.

3rd test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 3 years of ignition interlock.

4th test failure in Leawood of .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.

4th test failure in Leawood of .150 or higher: Driving privileges are suspended for one year followed by 4 years of ignition interlock.

5th test failure in Leawood : 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 IN Leawood

1st Time Refusal in Leawood: Driving privileges are suspended for one year. The reinstatement fee is $400.00.

2nd Time Refusal in Leawood: Driving privileges are suspended for two years. The reinstatement fee is $600.00.

3rd Time Refusal in Leawood: Driving privileges are suspended for three years. The reinstatement fee is $800.00

4th Time Refusal in Leawood: Driving privileges are suspended for ten years. The reinstatement fee is $1,000.00

5th Time Refusal in Leawood: 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.

For experienced and aggressive legal representation in the defense of a DUI charge in Leawood, contact my offices to schedule a free initial consultation. My offices are open from 7 am until 6 pm, Monday through Friday and evening and weekend hours are available by appointment. I accept Visa, MasterCard, Discover and American Express.

 

(Selected portions of) KSA 8-1567.   Driving under influence of alcohol or drugs; blood alcohol concentration; penalties.

(a) No person shall operate or attempt to operate any vehicle within this state while:

(1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, Including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;

(2) the alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more;

(3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;

(4) under the influence of any drug or combination of drugs to a degree rendering the person incapable of safely driving a vehicle; or

(5) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

(b) No person shall operate or attempt to operate any vehicle within this state if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.

(c) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.

(d) Upon a first conviction of a violation of this section, a person shall be guilty of a class B, nonperson misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service, and fined not less than $500 nor more than $1,000. The person convicted must serve at least 48 consecutive hours' imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, or both the education and treatment programs.

(e) On a second conviction of a violation of this section, a person shall be guilty of a class A, nonperson misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $1,500. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto.

(f) On the third conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,500 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The court may also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.

(g) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. At the time of the filing of the judgment form or journal entry as required by K.S.A. 21-4620 or 22-3426, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The l agency maintaining custody and control of a defendant imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the secretary of corrections within three business days of receipt of the judgment form or journal entry from the court and notify the secretary of corrections when the term of imprisonment expires and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the secretary. After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of postrelease supervision, which such period of postrelease supervision shall not be reduced. During such postrelease supervision, the person shall be required to participate in an inpatient or outpatient program for alcohol and drug abuse, including, but not limited to, an approved aftercare plan or mental health counseling, as determined by the secretary and satisfy conditions imposed by the Kansas parole board as provided by K.S.A. 22-3717, and amendments thereto. Any violation of the conditions of such postrelease supervision may subject such person to revocation of postrelease supervision pursuant to K.S.A. 75-5217 et seq. , and amendments thereto and as otherwise provided by law.

 

The Law Offices of Jeremiah Johnson, LLC
104 E. Poplar
Olathe, KS 6606

Phone:(866) 656-1268
Fax: (913) 764-5012

At the Law Offices of Jeremiah Johnson, LLC, in Olathe, we represent individuals throughout Johnson County and northeast Kansas, including Leawood, Shawnee, Merriam, Prairie Village, Leewood, Mission, Mission Hills, Fairway, Roeland Park, Mission Woods, Westwood, Westwood Hills, Leawood, Edgerton, De Soto and Bonner Springs.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The choice of a lawyer is an important one and should not be based solely on advertisements, webpages, or other public materials. Jeremiah Johnson, a licensed Kansas and Missouri attorney is responsible for the content on this page. Jeremiah Johnson, a licensed Kansas and Missouri attorney was responsible for this website.