Leawood DUI Lawyer | Johnson County Drunk Driving Attorney | Driving Under the Influence | Leawood, Kansas | Diversion | Jury Trial

Are you or is someone you know looking for a Driving Under the Influence (DUI) attorney in Leawood, Kansas?

Professional and Aggressive Representation for Leawood Drunk Driving Cases

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:

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 .

The Leawood, Kansas DUI Process

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.

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 Bureau which 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.

Penalties:

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 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 ormore 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 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 Will Your License Be Suspended?

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

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.

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.

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