| Johnson County, Kansas driving under the influence (DUI/DWI) diversion info: A Johnson County DUI diversion is essentially a contract made between the person charged with driving under the influence of alcohol or drugs and the prosecutor's office where the DUI is being prosecuted. For instance, if you have been charged with DUI/DWI in Olathe, the contract would be with the Olathe Municipal Prosecutor's office. Likewise, if you were charged in Overland Park, the contract would be with the Overland Park prosecutor's office. Our law firm's Johnson County DUI/DWI lawyers can negotiate a diversion agreement with the prosecutor in your case which has a number of potential benefits. However, it is important to note that DUI diversions in Kansas are unique and carry a number of serious requirements and risks. It is crucial that you discuss the matter with your Johnson County DUI attorney before entering into any Johnson County DUI diversion agreement. 1.Successfully completing a diversion in Johnson County, KS prevents a conviction from appearing on a defendant's criminal history: If you successfully complete a diversion, the prosecutor's office will "dismiss" the charge at the end of the 12 month term. With this dismissal, a person can honestly tell future employers that they have never been convicted of DUI. However, depending on the outcome of the administrative hearing regarding your driver's license, there may still be a "breath test failure" or "breath test refusal" on your driving record, which could be discovered by future employers. This makes it crucial to hire a Johnson County DUI attorney who will help you fight the driver's license suspension proposed by the Department of Revenue. 2. There will not be additional jail time for the Johnson County DUI charge if the diversion is completed successfully: If you enter into a diversion agreement, you will not have to spend another day in jail for the charge, provided your diversion is not revoked. 3. A successfully completed DUI diversion may help you keep your driver's license: As you probably know from reading this website, DUI charges in Johnson County and Kansas are almost always split into two separate but equally important parts: (1)the court proceedings where you face jail time, fines, and court ordered treatment; and (2) the administrative hearing with the Kanas Department of Revenue where you face a driver's license suspension from 30 days to life. If you have been charged with DUI, the State of Kansas has two chances to suspend your driver's license - it can be suspended as a result of the driver's license hearing or if you are convicted of driving under the influence. By entering into a diversion agreement, you will only have to prevail at the administrative hearing to keep your driver's license. Johnson County DUI diversion disadvantages: 1. You will be required to pay between $700 and $1500 in fines fees and costs to enter into a diversion agreement with a Johnson County prosecutor's office: In most cases, the costs associated with a diversion agreement are almost identical to those associated with a conviction. Additionally, if a diversion agreeement is later revoked, many courts will require a driver to pay again, as they will then be placed on probation. 2. You will be required to take the same classes and do the same treatment as though you were on probation: If you are seeking a DUI diversion in Johnson County, you will be required to submit to a drug and alcohol evaluation, called an ADSAP. The ADSAP agency will then recommend a number of classes and/or treatment sessions, depending on the circumstances. You will be rquired to attend these as a condition of your diversion agreement. 3. A diversion counts as a conviction if you are ever charged with DUI again: The Kansas DUI statute counts diversions as convictions if you're ever charged with DUI again. We understand that no one plans on getting charged wtih DUI again, but these convictions never decay - meaning that under current Kansas law, if you were charged with a DUI 40 years after you entered into diversion, the State would treat it as a second offense. Important DUI terms: .08 – 08 refers to the legal limit of blood alcohol in Kansas. If you register a blood, breath, or urine sample showing a blood alcohol content of .08 or more, then this is presumptive evidence that you were too drunk to drive and you will likely be found guilty at trial if this test is admitted into evidence.
48 hours – This refers to the 48 hours of custody required a Johnson County DUI conviction. KSA 8-1567 mandates that at least 48 hours be served before probation on every 1st and 2nd time DUI conviction.
Acquittal - A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.
If a defendant is acquitted, they can not be tried again for the same crime.
Administrative Hearing – In the terms of a Johnson County DUI charge, an administrative hearing is a hearing with the Kansas Department of Revenue to determine whether a driver’s license should be suspended, and for how long.
These hearings are held in front of a hearing officer is assigned by the same Department of Revenue that has proposed a suspension of your license.
Breath test - A breath test is done an a instrument designed to determine the amount of alcohol in a person’s breath, and consequently, in a person’s blood. In Kansas, the breathalyzer that is used is the Intoxilyzer 8000.
Breathalyzer – A breathalyzer is a instrument designed to determine the amount of alcohol in a person’s breath, and consequently, in a person’s blood. In Kansas, the breathalyzer that is used is the Intoxilyzer 8000.
Conviction - A finding by a judge or jury that the defendant is guilty of a crime. Additionally, KSA 8-1567 mandates that DUI diversion agreements be counted as convictions for subsequent DUI charges, meaning that those who have a diversion on their record will be considered second or subsequent time offenders if they’re ever charged with DUI again.
CWIPS – CWIPS is an abbreviation for the Community Weekend Intervention Program. CWIPS is a program that allows a DUI defendant to serve their 48 hours in custody in a dorm type facility, rather than the Johnson County jail.
The CWIPS program is preferable to jail because you are allowed to take required classes during the 48 hours and you are only in custody with other DUI defendants, not the “general” population at the jail. Further, the CWIPS facility is much different from a jail. You’re not allowed to come and go as you please, but it is not nearly as controlled as a jail.
DC-27 – A DC-27 is a carbon copy of a form a police officer sends into the State, usually after he has taken your actual driver’s license. You must send a request for an administrative hearing to the Kansas Department of Revenue within 10 days of the day you received the DC-27. In this request, you need to specify that your hearing be in person before a representative of the Department of Revenue. Failure to request an in-person hearing will result in the hearing being held over the telephone.
If a driver does not formally request an administrative hearing within 10 days of being served with a DC27 form, then their license will automatically be suspended.
DC-70 – A DC-70 is a form which contains advisories concerning implied consent in Kansas. A police officer is required to read the information on a DC-70 to a driver before asking him to take a blood, breath, or urine test.
In an officer fails to read the implied consent advisories on a DC-70, it may be ground for suppression of the breath test.
Discovery - A formal investigation governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence.
Discovery is present in Johnson County DUI cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. See Brady v. Maryland, 373 U.S. 83 (1963). Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.
District Court – In Kansas, a District Court is the highest level of Court in each county. The District Court has jurisdiction over both misdemeanors and felonies.
Diversion – KSA 22-2906 defines a diversion as: referral of a defendant in a criminal case to a supervised performance program prior to adjudication.
In reality, a Johnson County DUI diversion is a contract between a defendant and the prosecutor where the defendant agrees to do whatever the prosecutor tells them to do for a 12 month period and in exchange, the prosecutor agrees to “dismiss” the DUI charge if all the requirements are met.
Driver’s License Suspension – This refers to an action taken by the state to suspend someone’s driving privileges for a specified length of time.
License Suspension No person shall operate or attempt to operate any vehicle within this state while:
Licenses required; city license, when; appeal from denial of license; vehicles registered under temporary permit; penalty; motorized bicycle driver's license. (a) No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license. No person shall receive a driver's license unless and until such person surrenders or with the approval of the division, lists to the division all valid licenses in such person's possession issued to such person by any other jurisdiction. All surrendered licenses or the information listed on foreign licenses shall be returned by the division to the issuing department, together with information that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid license at any time
Driving Under the Influence – In Kansas, driving under the influence (DUI) is defined by KSA 8-1567 which defines DUI as follows:
(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 that renders 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.
Driving While Suspended – KSA 8-235 defines driving while suspended (DWS) in Kansas as follows:
Highway Patrol – The Kansas Highway Patrol is a statewide law enforcement agency with jurisdiction throughout the State of Kansas. Their primary task is to enforce road and highway safety, but they are also tasked with enforcing all laws in the State of Kansas.
House Arrest – The Johnson County House Arrest Department is located within the Adult Residential Center, and operates on a 24-hour basis. House Arrest involves a philosophy of strictly limiting an offender's movement within the community through electronic monitoring. Each assigned offender has electronic monitoring equipment attached to his/her telephone line, which verifies the offender is in his/her residence through photographic and voice response. In addition, each electronic monitoring unit contains a breathalyzer, allowing the House Arrest department to monitor the offender for consumption of alcohol while in his/her residence.
Ignition Interlock - An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit. The device is located inside the vehicle, near the driver’s seat, and is connected to the engine’s ignition system.
Only approved ignition interlock devices can be installed. To see a list of those approved for installation in Kansas click here. If you received an ignition interlock restriction notice, you need to take that letter to the service provider when ready to have the device installed on your vehicle. If you do not have an ignition interlock restriction notice, you need to submit a request to Driver Control Bureau, P.O. Box 12021, Topeka, KS 66612-2021 to get approval to have an ignition interlock device installed.
In-Car camera – The in-car camera refers to a camera on the dash of most law enforcement patrol cars in Johnson County. This camera usually begins recording as soon as the car’s emergency lights are activated, but the officer can activate it manually as well.
The attorneys in this office request the in-car video in all of our Johnson County DUI cases.
Intoxilyzer 8000 – The Intoxilyzer 8000 is the breath test machine used by all Johnson County law enforcement agencies. The Intoxilyzer 8000 is manufactured by CMI, Inc. a company which refuses to disclose information regarding how the machine works, citing “trade secrets.”
The underlying physical principle of the Intoxilyzer 8000 is known as "Henry's Law," which states that the concentration of a volatile chemical in vapor above a solution is proportional to the concentration of the chemical in the solution. This is true in the laboratory, but in humans, the proportions can vary by as much as 50%. This means that the Intoxilyzer 8000 can overstate your blood alcohol by as much as 50%! As Drs. Stefan Rose and Kenneth Furton have written, "Henry's Law does not apply in the lungs. In order for Henry's Law to apply, three conditions must be met. One, the solution must be in a closed system, like a sealed bottle. The lungs are open, not closed. Two, the solution must be kept at a known, constant temperature. The lung temperature is never known, and the temperature is always changing. And three, the pressure must be kept constant. The lungs are always changing pressure, decreasing pressure to inhale and increasing pressure to exhale. Without all three conditions present, it is not possible for equilibrium to occur, and Henry's Law does not apply."
The Intoxilyzer 8000 operates on a principle known as the "Lambert-Beer Law," which states that the amount of infrared light absorbed by your breath is proportional to the amount of alcohol in the sample. Think of it like the way in which fog will block your car's headlights on a damp night. In short, the more alcohol there is, the less infrared light that gets through the chamber to the detector. However, there are other compounds, called "interferents," which can also block the infrared. And the Intoxilyzer 8000 cannot reliably tell them all apart!!
When the Intoxilyzer is calibrated, if the temperature of the testing solution is off by as little as one-fifth of one degree (.20), the calibration is not considered accurate. Human body temperatures may vary as much as three full degrees-- depending on health, physical activity or even the hour of the day! If you have a slight fever and your body temperature is elevated by only 1 degree Centigrade (1.8 degrees Fahrenheit), your apparent blood alcohol will be artificially inflated by approximately seven percent. (Isn't it interesting how these errors always work against you and never for you?)
The Intoxilyzer 8000 is based upon the Zilog Z-80 microprocessor. This same chip was the brains of the Tandy TRS-80, which was the hit of the home computer industry.....in 1977!
The protocol for the Intoxilyzer 8000 in Kansas requires only that you blow 1.1 liters of breath. The average adult has a "vital capacity" (the amount he or she can forcibly exhale in one breath) of between three and four liters. The police will urge you to keep blowing your entire breath into the machine. However, such a long breath will artificially increase the apparent amount of alcohol in your breath by skewing the sample toward your "deep lung air," where the alcohol is more highly concentrated. If you only blow half of your breath, you will give an adequate sample, which will be up to 30% less than the sample that the police want you to give.
Three or four deep breaths before blowing into the Intoxilyzer will cool your lungs and fill them with fresh air. This sort of hyperventilation may lower your breath alcohol by as much as 55%, without violating the protocols of the test. Additionally, it appears that the saliva generated by repeatedly putting one’s mouth on the mouthpiece serves to raise a driver’s sample significantly.
Maximum Sentence - This refers to the maximum sentence allowed by statute for a Johnson County DUI conviction. A court is never allowed to impose a sentence beyond the statutory maximums called for in KSA 8-1567.
Minimum Sentence – This refers to the minimum sentence allowed by statute for a Johnson County DUI conviction. A court is never allowed to impose a sentence beyond the statutory minimums called for in KSA 8-1567.
Municipal Court – In Kansas, incorporated cities may set up a municipal court. These courts have jurisdiction over misdemeanor charges and civil infractions.
Municipal Courts also may utilize private house arrest agencies who operatie under different rules. For instance, in Olathe Municipal Court, a company called Midwest Justice may serve as a house arrest provider. This company utilizes GPS house arrest units which our past clients have told us are preferable to other house arrest methods.
Pink sheet – This refers to the DC-27 form. A DC-27 is a carbon copy of a form a police officer sends into the State, usually after he has taken your actual driver’s license. You must send a request for an administrative hearing to the Kansas Department of Revenue within 10 days of the day you received the DC-27. In this request, you need to specify that your hearing be in person before a representative of the Department of Revenue. Failure to request an in-person hearing will result in the hearing being held over the telephone.
Plea – A plea is a formal statement of guilt or innocence. Potential pleas are “guilty,” “not guilty,” and “no contest.”
When discussing a plea on this website, this most often refers to a guilty plea where a prosecutor agrees to recommend a previously agreed upon sentence to a court in exchange for the defendant entering a plea of guilty. While a Judge or Court is not legally bound by a plea agreement and can sentence a defendant to any term authorized by the statute, plea agreements are usually followed by the Court.
The advantage of a plea agreement is that a defendant can limit their exposure at sentencing.
The disadvantage of a plea agreement is that a defendant is giving up a number of Constitutional Rights by entering the plea, including the right to trial, the right to appeal, and other important rights.
Presentence Investigation - The PSI unit is responsible for the preparation of misdemeanor and felony pre-sentence investigation reports as ordered by the Johnson County District Court and in accordance with the Kansas Sentencing Guidelines (available on the Kansas Sentencing Commission's website). These reports include:
* a complete compilation of the defendant’s criminal history,
* an assessment of appropriate conditions should the defendant be placed on probation supervision.
* comments from victims concerning sentencing and restitution and
Presumptive DUI – This is a DUI simply because a person registers a breath, blood, or urine test over .08. The prosecution does not have to present any evidence of bad driving, they only need to show that there was a valid test within 2 hours of driving.
Probation – For all practical purposes, probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. It allows the convicted person to live in the community for a specified period of time, sometimes under the supervision of a probation officer.
The real essence of probation is the continued power of the Court over the defendant. Without probation, the defendant might be sentenced to a maximum jail term of one year on a 2nd time Johnson County DUI misdemeanor. From then on, the defendant's only obligation to the criminal justice system is to serve his year. When a probationer gets out, he is free of all obligations, conditions, and supervision.
Courts don't like that, so even if the judge is determined to send the accused to jail, the judge usually prefers a probationary sentence so that if the defendant misbehaves in any way, they can be put back in jail.
SR22 - A SR-22 is a form which must be filed by an insurance company stating that auto liability insurance is in effect for a particular Kansas driver. A SR-22 is required when insurance is provided to an individual who was in an accident or was convicted of a traffic offense and was unable to show financial responsibility. Each state has different variations of this form and requirements.
Work release - The Johnson County Work Release program opened in October 2007. The target population for this program is fourth time or greater DUI offenders. These offenders ordered to the program are serving their sentence while being allowed to maintain their employment, pay taxes and pay on their program and court financial obligations. The program provides high accountability for the offenders including their time spent in the community at their place of employment. Work Release staff regularly conduct compliance checks and maintain contact with employers to ensure the offenders are complying with the rules of the program on a consistent basis.
Even though the target audience is 4th and higher offenders, we have had success with securing work release for certain 3rd time offenders when the circumstances warrant it.
| Our law firm's driving under the influence (DUI/DWI) lawyers/attorneys can negotiate a diversion agreement in many Johnson County DUI cases
Our Johnson County law firm's driving under the influence attorneys have extensive experience negotiating with Johnson County DUI prosecutors to arrange DUI/DWI diversions in Johnson County District Court and municipal courts in Olathe, Overland Park, Lenexa, Mission, Leawood, Gardner, Shawnee, Merriam, DeSoto, Prairie Village, and elsewhere in Johnson County. We may be able to help you secure a diversion for your drunk driving charge as well - call (913)764-5010 to speak to an experienced DUI defense lawyer today.
What are the typical requirements in a Johnson County driving under the influence (DUI/DWI) diversion agreement? A typical (diversion agreements are not all the same) Johnson County DUI diversion agreement The defendant agrees to complete a number of requirements and if they successfully complete all of the requirements, then the prosecutor will "dismiss" the Johnson County DUI charge 12 months later. The word "dismiss" is in quotation marks because, while a "dismissal" would normally mean that a charge is completely off of a person's record, this is not entirely true with Kansas DUI/DWI diversion agreements. For instance, KSA 8-1567 counts a diversion agreement, even if completed successfully, as a prior conviction if the person is ever charged with driving under the influence during the rest of their life. Additionally, a DUI diversion "dismissal" will have no practical effect on the administrative hearing and the proposed driver's license suspension. For instance, a person charged with driving under the influence in Mission, KS (or any other Johnson County jurisdiction) could enter into a diversion agreement, complete it successfully, and still wind up with a driver's license suspension and a prior conviction if they're ever charged with DUI/DWI again. This makes it crucial to have an experienced DUI attorney who can help you with the criminal charges and the administrative hearing. However, a Johnson County DUI diversion is often an advantageous resolution for those who either do not have a good case for trial, or are unwilling to shoulder the burden and risk of taking their case to trial. If a driver successfullly completes diversion, then the charge will not end up on their criminal record, although if they do not win the accompanying administrative hearing, they could still have a negative mark on their driving record. This is a very important point to remember because it can have a profound affect on a driver's employment opportunities. Today, many employers will research the driving histories of current and prospective employees. Both DUI convictions and administrative driver's license suspensions will appear on a person's driving history which means that even if you win your criminal case at trial or have it "dismissed" following a successful diversion, you could still have a "breath test failure," or "breath test refusal" on your driving history. This comes into play when a driver, who sucessfully completes diversion but receives a driver's license supension due to the DUI, tells a prospective employer that they have never been convicted of a crime. The employer will then see the "breath test failure," or "breath test refusal" on the driving record and may think that they have been lied to. This is certainly not advantageous for the person seeking employment. The bottom line is this: If you have been charged with DUI/DWI in Overland Park, Mission, Olathe, Prarie Village, Leaweed, Lenexa, Shawnee, Mission, Gardner, or elsewhere in Johnson County, you need a aggressive driving under the influence attorney who can help you in court andwith an administrative hearing. Kansas law requires that DUI diversion programs be administered in accordance with K.S.A. §22-2907, K.S.A. §22-2908, K.S.A. §22-2909, K.S.A. §22-2910 and K.S.A. §22-2911. What are the typical requirements of a Johnson County driving under the influence (DUI/DWI) diversion agreement? Diversion agreements for Kansas DUI charges often vary from case to case. The typical diversion contract includes the following requirements, which is not a comprehensive list: - Completion of a drug and alcohol evaluation (referred to as an "ADSAP") and completing the recommendations of the evaluator: Completing the recommendations in the ADSAP is a required part of every Johnson County diversion contract. Depending on the evaluation, this could include weekend classes, weekly classes, AA meetings, and even in-patient treatment. These classes can be extremely disruptive to your life and may conflict with employment or other obligations. If your driver's license is suspended, class attendence can become very difficult but is still required.
- Payment of fines, fees, and costs: The fines and costs for a Johnson County DUI diversion will run from $700 in some courts to $1500 or more in others, with the amount depending on the court, the circumstances surrounding the DUI/DWI charge, and other factors. Some Johnson County municipal courts require payment to be made upfront, while others will accept periodic payments. However with the economy struggling, most courts have begun requiring payment up front. For instance, Overland Park now requires up front payment for nearly all DUI diversion agreements.
- Prohibition from drugs and alcohol: Anyone who enters into a Johnson County diversion agreement will be required to abstain from drugs and alcohol for a period of 12 months and will be subject to random breath tests and urine analysis. If a breath test or UA is failed or missed, then the diversion will likely be revoked and prosecution will resume.
- Waiver of jury trial: Diversion agreements in most Johnson County jurisdictions require that the defendant waive their right to a jury trial. What this means is that by signing the agreement, you will be waiving yoru Constitutional right to take the case to a jury trial if the prosecution is reinstated due to a diversion violation.
- Stipulation to the police reports: By signging a diversion contract in a Johnson County court, the driver is also agreeing that the information contained in the police reports is true. What this means is that, should the diversion not be completed successfully, the driver would be easily convicted solely based upon the police reports.
- Waiver of Confrontation Rights. By agreeing to diversion, you are waiving your Sixth Amendment right to confront witnesses. This stipulation essentially guarantees a conviction should the diversion agreement be revoked.
- Avoidance of law enforcement contact, including arrests for 12 months. This one is key - if you pick up any new charges, including driving while suspended charges, your diversion will likely be subject to revocation.
If any of the requirements are not met, then the prosecutor in your case could file a Motion to Revoke diversion, which will likely lead to a DUI conviction on your record. Olathe Municipal Court driving under the influence (DUI) diversions: Driving under the influence (DUI) Diversions in Olathe Municipal Court require that an application be completed and that a formal agreement be signed. An additional requirement is that an ADSAP drug and alcohol evaluation be completed before an application can be accepted. A typical Olathe DUI diversion will include between $900 and $1150 in fines, fees, and costs. The Olathe Municipal Court maintains a "Court Services" department which may monitor your diversion, or your ADSAP provider may be allowed to monitor you themselves. If you have any prior criminal history, it is likely that court services will monitor you instead of the ADSAP agency. The prosecutor's office in Olathe regularly checks the status of defendants who have entered into diversion agreements, so it is extremely important that people who sign an Olathe DUI diversion complete all of the requirements in a timely manner. Overland Park driving under the influence (DUI) diversion agreements: The City of Overland Park has a very strict driving under the influence (DUI) diversion process which includes a formal application and a formal diversion agreement. Additionally, the Overland Park Prosecutor's Office regularly checks the criminal history of DUI diversion applicants as well as their driving records. Overland Park is especially proficient at ferreting out prior convictions that drivers think are no longer on their record. KSA 8-1567 provides a number of situations where a diversion should be denied and the Overland Park Prosecutors are well versed in this statute and will not hesitate to follow the language of the KSA 8-1567. In one recent case, our client was denied diversion due to his involvement in an injury hit-and-run accident. In denying his application for diversion, the Overland Park Municipal Prosecutor's Office cited Kansas law which forbids a DUI diversion if the DUI was a result of an injury acident. With the application for diversion denied, we were forced to take the case to trial where our client was found not guilty of the DUI charge. Even though our client was acquitted of DUI, this case underscores the pitfalls that can derail a diversion application. DUI diversions in Overland Park will cost between $1050 and $1400 for fines, fees, and costs,. The Court does provide a number of ways to pay, including by credit card. The Overland Park Municipal Court also maintains a "court services" department which monitors many of the DUI diversions in the Court. They are one of the largest Court Services in the entire State of Kansas and are very good at enforcing DUI diversion agreements. The Overland Park Municipal Prosecutor's Office regularly checks the status of defendants who have entered into diversion agreements, so it is extremely important that people who sign an Overland Park DUI diversion complete all of the requirements in a timely manner. It is also extremely important that driver's on DUI diversion in Overland Park follow all of the diversion terms to the letter, as almost any measure of non-compliance will result in a diversion revocation and conviction. Leawood driving under the influence (DUI) diversions: The City of Leawood offers diversion for many charges, including driving under the influence charges. The Leawood prosecutor is very experienced and the prosecutor's office will thoroughly check the driving record of anyone applying for diversion before approving their application. A DUI diversion in Leawood will cost between $900 and $1400, depending on the circumstances and accompanying traffic charges. The Court prefers that most of this money be paid up front, but payment arrangements can be made. DUI diversions in Leawood will usually be monitored by the agency who provides your drug and alcohol evaluation (referred to as an ADSAP). These monitors will require classes, treatment, and general compliance with the diversion agreement. Lenexa driving under the influence (DUI) diversions: The City of Lenexa Municipal Prosecutor's Office will accept a diversion application for anyone charged withdriving under the influence in Lenexa. However, this office has very strict parameters for DUI granting DUI diversions, often denying applications if the driver has any prior alcohol or drug related convictions/diversions on their record. In some cases, the Lenexa prosecutor may deny a diversion for drivers who were charged with minor in possession (MIP) in thier youth. The Lenexa Municipal Court recently started a "court services" department which monitors all DUI diversions in the City, however they do not provide ADSAP evaluations. This department is staffed by experienced officers who understand Kansas DUI law and will quickly learn of non-compliance with the terms of diversion. In most cases, any violation of the diversion agreement will result in a Motion to Revoke Diversion being filed. A DUI diversion in Lenexa typically costs between $850-$1250, depending on the circumstances surrounding the diversion. The driver applying for diversion should plan on having at least half of this cost up front. Mission driving under the influence (DUI) diversions: The City of Mission accepts applications for all first time DUI charges, but will thoroughly check a driver's record before offering them diversion. The Mission Municipal Prosecutor's Office is led by one of Johnson County's most experienced prosecutors who is an extremely straight shooter who does not put up with any games. This makes it extremely important for a driver seeking a diversion in Mission to quickly and accurately complete the diversion application and its requirements. DUI diversions in Mission Municipal Court will cost between $875 and $1100, depending on what other charges accompanied the DUI. The Court requires that at least half of the total cost be paid up front. Johnson County District Court driving under the influence (DUI) diversions: The Johnson County District Attorney's Office accepts applications for all DUI charges once a formal application is filled out and the diversion application fee of $30 is paid. The District Attorney's official policy states that a defendant’s application for diversion may be rejected or denied if not submitted within 30 days of the first appearance, although it is our experience that exceptions are made. Once an application is made, it will be reviewed by staff at the District Attorney's Office who will review the circumstances surrounding the case and the applicant's driving record. It is our experience that the staff is extremely good at finding prior DUI convictions. Formal "diversion conferences" are often required after a DUI diversion application is submitted. These conferences consists of meeting with a diversion coordinator who will question the appplicant before diversion is offered or denied. The driver's attorney may be present at this conference, and we highly advise taking a DUI attorney with you to one of these conferences as one wrong statement can result in a diversion application being denied. If the driver is approved for diversion, they must accept the agreement quickly, as delays may result in the diversion offer being rescinded. A DUI diversion in Johnson County District Court will usually cost over $1000, however the District Court is more agreeable to payment plans than many of the municipal courts. DUI diversions in Johnson County District Court are monitored by the various ADSAP agencies, but the prosecutor's office will also check a driver's record and history throughout the term of the diversion. If any terms of diversion are not followed a Motion to Revoke will quickly follow and the driver will find themselves back before the Court facing a revocation proceeding. Merriam driving under the influence (DUI) diversions: The City of Merriam Municipal Prosecutor's Office will accept diversion applications for all first time DUI offenders. Before a diversion is offered, however, the prosecutor will throughly check the driver's criminal and driving histories. If your Merriam DUI diversion application is accepted, you will be required to pay between $900-$1700, with the entire payment being due upon signing of the agreement. This is very important to keep in mind as it will usually require severe budgeting to facilitate. Merriam DUI diversions are monitored by the agency who does the driver's drug and alcohol evaluation ("ADSAP"), however, the prosecutor's office will routinely check the progress of the diversion applicant and will file a Motion to Revoke for anyone who does not comply with the diversion terms. DeSoto driving under the influence (DUI) diversions: The DeSoto Municipal Prosecutor allows all first time DUI offenders to apply for diversion, but only once a driver has submitted to an ADSAP evaluation. Before a diversion is offered by the prosecutor, the driver's criminal and driving records will be reviewed thoroughly. DeSoto DUI diversions are monitored by the agency who provides the ADSAP. Total costs are usually between $750 and $1000. Gardner driving under the influence (DUI) diversions: The Gardner Municipal Prosecutor handles thousands of DUI cases each year. First time DUI offenders may apply for diversion and may be accepted once the prosecutor's office has reviewed their driving and criminal histories. It is our experience that the Gardner prosecutor is extremely good at searching through a driver's history and will deny diversion if the applicant does not meet statutory guidelines. Diversions in Gardner will usually run between $850 and $1300, with half of that amount being due upon sigining the diversion agreement. Diversions for DUI in Gardner will be monitored by the ADSAP agency who does the driver's drug and alcohol evaluation. Shawnee driving under the influence (DUI) diversions: The City of Shawnee Municipal Prosecutor will enter into a DUI diversion agreement upon reviewing a applicant's driving history, criminal record, the police reports and the ADSAP evaluation. If the prosecutor's requirements are met, then a diversion agreement will be extended, to be monitored by the ADSAP agency. DUI diversions in Shawnee Municipal Court will usually cost between $900 and $1275, depending on the circumstances surrounding the case. Kansas City, KS driving under the influence (DUI) diversions: The Kansas DUI diversion statutes relevant to Johnson County DUI diversion agreements: 22-2906. Definitions. As used in K.S.A. 22-2907 to 22-2911, inclusive: (1) "District attorney" means district attorney or county attorney. (2) "Complaint" means complaint, indictment or information. (3) "Diversion" means referral of a defendant in a criminal case to a supervised performance program prior to adjudication. (4) "Diversion agreement" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against him or her dismissed. 22-2907. Diversion agreements authorized; policies and guidelines by district attorney; background information; right to counsel. (1) After a complaint has been filed charging a defendant with commission of a crime and prior to conviction thereof, and after the district attorney has considered the factors listed in K.S.A. 22-2908, if it appears to the district attorney that diversion of the defendant would be in the interestsof justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant. The terms of each diversion agreement shall be established by the district attorney in accordance with K.S.A. 22-2909. (2) Each district attorney shall adopt written policies and guidelines for the implementation of a diversion program in accordance with this act. Such policies and guidelines shall provide for a diversion conference and other procedures in those cases where the district attorney elects to offer diversion in lieu of further criminal proceedings on the complaint. (3) Each defendant shall be informed in writing of the diversion program and the policies and guidelines adopted by the district attorney. The district attorney may require any defendant requesting diversion to provide information regarding prior criminal charges, education, work experience and training, family, residence in the community, medical history, including any psychiatric or psychological treatment or counseling, and other information relating to the diversion program. In all cases, the defendant shall be present and shall have the right to be represented by counsel at the diversion conference with the district attorney. 22-2908. Grant of diversion; factors to consider; when prohibited. (a) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the county or district attorney shall consider at least the following factors among all factors considered: (1) The nature of the crime charged and the circumstances surrounding it; (2) any special characteristics or circumstances of the defendant; (3) whether the defendant is a first-time offender and if the defendant has previously participated in diversion, according to the certification of the Kansas bureau of investigation or the division of vehicles of the department of revenue; (4) whether there is a probability that the defendant will cooperate with and benefit from diversion; (5) whether the available diversion program is appropriate to the needs of the defendant; (6) the impact of the diversion of the defendant upon the community; (7) recommendations, if any, of the involved law enforcement agency; (8) recommendations, if any, of the victim; (9) provisions for restitution; and (10) any mitigating circumstances. (b) A county or district attorney shall not enter into a diversion agreement in lieu of further criminal proceedings on a complaint if: (1) The complaint alleges a violation of K.S.A. 8-1567 and amendments thereto and the defendant: (A) Has previously participated in diversion upon a complaint alleging a violation of that statute or an ordinance of a city in this state which prohibits the acts prohibited by that statute; (B) has previously been convicted of or pleaded nolo contendere to a violation of that statute or a violation of a law of another state or of a political subdivision of this or any other state, which law prohibits the acts prohibited by that statute; or (C) during the time of the alleged violation was involved in a motor vehicle accident or collision resulting in personal injury or death; or (2) the complaint alleges that the defendant committed a class A or B felony or for crimes committed on or after July 1, 1993, an off-grid crime, a severity level 1, 2 or 3 felony for nondrug crimes or drug severity level 1 or 2 felony for drug crimes. (c) A county or district attorney may enter into a diversion agreement in lieu of further criminal proceedings on a complaint for violations of article 10 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, if such diversion carries the same penalties as the conviction for the corresponding violations. If the defendant has previously participated in one or more diversions for violations of article 10 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, then each subsequent diversion shall carry the same penalties as the conviction for the corresponding violations. 22-2909. Diversion agreements; provisions; waiver of certain rights; stipulation of facts; stay of criminal proceedings; filing of agreements; alcohol and drug-related offenses, evaluation required, when. (a) A diversion agreement shall provide that if the defendant fulfills the obligations of the program described therein, as determined by the attorney general or county or district attorney, such attorney shall act to have the criminal charges against the defendant dismissed with prejudice. The diversion agreement shall include specifically the waiver of all rights under the law or the constitution of Kansas or of the United States to a speedy arraignment, preliminary examinations and hearings, and a speedy trial, and in the case of diversion under subsection (c) waiver of the rights to counsel and trial by jury. The diversion agreement may include, but is not limited to, provisions concerning payment of restitution, including court costs and diversion costs, residence in a specified facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services. If a county creates a local fund under the property crime restitution and compensation act, a county or district attorney may require in all diversion agreements as a condition of diversion the payment of a diversion fee in an amount not to exceed $100. Such fees shall be deposited into the local fund and disbursed pursuant to recommendations of the local board under the property crime restitution and victims compensation act. (b) The diversion agreement shall state: (1) The defendant's full name; (2) the defendant's full name at the time the complaint was filed, if different from the defendant's current name; (3) the defendant's sex, race and date of birth; (4) the crime with which the defendant is charged; (5) the date the complaint was filed; and (6) the district court with which the agreement is filed. (c) If a diversion agreement is entered into in lieu of further criminal proceedings on a complaint alleging a violation of K.S.A. 8-1567, and amendments thereto, the diversion agreement shall include a stipulation, agreed to by the defendant, the defendant's attorney if the defendant is represented by an attorney and the attorney general or county or district attorney, of the facts upon which the charge is based and a provision that if the defendant fails to fulfill the terms of the specific diversion agreement and the criminal proceedings on the complaint are resumed, the proceedings, including any proceedings on appeal, shall be conducted on the record of the stipulation of facts relating to the complaint. In addition, the agreement shall include a requirement that the defendant: (1) Pay a fine specified by the agreement in an amount equal to an amount authorized by K.S.A. 8-1567, and amendments thereto, for a first offense or, in lieu of payment of the fine, perform community service specified by the agreement, in accordance with K.S.A. 8-1567, and amendments thereto; and (2) enroll in and successfully complete an alcohol and drug safety action program or a treatment program, or both, as provided in K.S.A. 8-1008, and amendments thereto, and specified by the agreement, and pay the assessment required by K.S.A. 8-1008, and amendments thereto. (d) If a diversion agreement is entered into in lieu of further criminal proceedings on a complaint alleging a violation other than K.S.A. 8-1567 and amendments thereto, the diversion agreement may include a stipulation, agreed to by the defendant, the defendant's attorney if the defendant is represented by an attorney and the attorney general or county or district attorney, of the facts upon which the charge is based and a provision that if the defendant fails to fulfill the terms of the specific diversion agreement and the criminal proceedings on the complaint are resumed, the proceedings, including any proceedings on appeal, shall be conducted on the record of the stipulation of facts relating to the complaint. (e) If the person entering into a diversion agreement is a nonresident, the attorney general or county or district attorney shall transmit a copy of the diversion agreement to the division. The division shall forward a copy of the diversion agreement to the motor vehicle administrator of the person's state of residence. (f) If the attorney general or county or district attorney elects to offer diversion in lieu of further criminal proceedings on the complaint and the defendant agrees to all of the terms of the proposed agreement, the diversion agreement shall be filed with the district court and the district court shall stay further proceedings on the complaint. If the defendant declines to accept diversion, the district court shall resume the criminal proceedings on the complaint. (g) Except as provided in subsection (h), if a diversion agreement is entered into in lieu of further criminal proceedings alleging commission of a misdemeanor by the defendant, while under 21 years of age, under K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, or K.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendments thereto, the agreement shall require the defendant to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the attorney general or county or district attorney finds that the defendant is indigent, the fee may be waived. (h) If the defendant is 18 or more years of age but less than 21 years of age and allegedly committed a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (g) are permissive and not mandatory. (i) Except diversion agreements reported under subsection (j), the attorney general or county or district attorney shall forward to the Kansas bureau of investigation a copy of the diversion agreement at the time such agreement is filed with the district court. The copy of the agreement shall be made available upon request to the attorney general or any county, district or city attorney or court. (j) At the time of filing the diversion agreement with the district court, the attorney general or county or district attorney shall forward to the division of vehicles of the state department of revenue a copy of any diversion agreement entered into in lieu of further criminal proceedings on a complaint alleging a violation of K.S.A. 8-1567, and amendments thereto. The copy of the agreement shall be made available upon request to the attorney general or any county, district or city attorney or court. 22-2910. Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters. No defendant shall be required to enter any plea to a criminal charge as a condition for diversion. No statements made by the defendant or counsel in any diversion conference or in any other discussion of a proposed diversion agreement shall be admissible as evidence in criminal proceedings on crimes charged or facts alleged in the complaint. Except for sentencing proceedings and as otherwise provided in subsection (c) of K.S.A. 22-2909 and amendments thereto and as otherwise provided in K.S.A. 8-285 and 8-1567 and amendments to these sections, the following shall not be admissible as evidence in criminal proceedings which are resumed under K.S.A. 22-2911: (1) Participation in a diversion program; (2) the facts of such participation; or (3) the diversion agreement entered into. 22-2911. Failure to fulfill diversion agreement; satisfactory fulfillment; records. (a) If the county or district attorney finds at the termination of the diversion period or any time prior to the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement, the county or district attorney shall inform the district court of such finding and the district court, after finding that the defendant has failed to fulfill the terms of the specific diversion agreement at a hearing thereon, shall resume the criminal proceedings on the complaint. (b) If the defendant has fulfilled the terms of the diversion agreement, the district court shall dismiss with prejudice the criminal charges filed against the defendant. (c) The county or district attorney shall forward to the Kansas bureau of investigation a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under K.S.A. 22-2909 and amendments thereto. Such record shall be made available upon request to any county, district or city attorney or court. (d) The county or district attorney shall forward to the division of vehicles of the state department of revenue a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under K.S.A. 22-2909 and amendments thereto. Such record shall be made available to any city, county or district attorney or court. Agency
Address Phone/Fax Project
Manager
Evaluators Recertified
Expires
A Connecting Pointe*
Se Habla Espanol
300 S. Claireborne Rd., Suite E1
Olathe, KS 66062
Phone 913-397-0300
Fax 913-397-0301
Leslie Boyette-
Sewester
Leslie Boyette-Sewester 05/08 05/12
A & D Solutions, Inc.* 100 E. Park, Suite 208
Olathe, Kansas 66061
Phone 913-764-6862
Fax 913-764-0671
Melanie Barbarick Melanie Barbarick
05/08 05/12
Accredited Addictions
Recovery Services*
6505 E. Frontage Rd., Ste. 15
Merriam, KS 66202
Phone 913-236-8445
Fax 913-236-8422
Daniel Moon Daniel Moon
05/08 05/12
Advanced Recovery
Services
12760 West 87th Street, Suite 109
Lenexa, KS 66215
Phone 913-236-5900
Fax 913-236-7117
Mike Whitt Mike Whitt
05/08 05/12
Alcohol & Drug Services* 6005 Martway, Ste. 100
Mission, KS 66202
or
15700 College Blvd., Suite 200
Lenexa, KS 66219
Phone 913-722-3866
Fax 913-722-3867
Michael Dalen Michael Dalen
05/08 05/12
Alcohol Safety Action
Project
7820 Conser Place
Overland Park, KS 66204
Phone 913-342-3011 W.H. Reese Robert Dodson 12/08 05/12
AppleCore*
GLBT Sensitive
226 South Kansas Ave
Olathe, KS 66061 Phone 913-706-4132
Fax 913-768-6736
Receptionist Clay Johnson
05/08 05/12
Assessment Services* 108 E. Poplar
Olathe, KS 66061
Phone 913-768-9777
(Olathe/Lenexa)
Fax 913-768-9422
www.assessmentservices.net
Barry Reed Barry Reed
05/08 05/12 | | Recent News regarding our law office's Johnson County DUI representation:
(Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)
8/13/10 - Today our law office learned that our driving under the influence attorneys' efforts in defending an Olathe DUI case had led to another administrative hearing win. Our client was facing a 1-year driver's license suspension for a 1st time DUI charge. Our DUI lawyers successfully argued that the Olathe Police officer had used an incorrect form to trigger the driver's license DUI based suspension process. 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 - Our DUI lawyers won an driver's license administrative hearing today by pointing out a technical defect with the certification of the Intoxilyzer 8000 instrument (aka the breathalyzer). This hearing was based on an Overland Park DUI charge. 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. 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 win was 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. 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 (he is the newest attorney handling 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 witha 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.
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