| How a Johnson County DUI/DWI diversion can be helpful in your case: By hiring a Johnson County DUI lawyer to help you enter into a diversion agreement, a driver can expect a number of benefits. However, it is important to note that DUI diversions are unique and carry a number of serious requirements and risks. It is crucial that you discuss the matter with your DUI attorney before entering into any Johnson County DUI diversion agreement. 1.Successfully completing a diversion means that there will not be a conviction on the 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: 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 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 parts: the Court proceedings and the administrative hearing with the Kanas Department of Revenue. 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: 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 whethera 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 (availableon 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.
| Johnson County driving under the influence (DUI/DWI) Diversion Lawyers
Our law office's attorneys can negotiate with prosecutors and arrange a diversion in many Johnson County DUI cases The attorneys in this law firm have successfully represented clients in hundreds of driving under the influence (DUI) diversions in Olathe, Overland Park, Lenexa, Mission, Leawood, Gardner, Shawnee, Merriam, and elsewhere in Johnson County. We may be able to help you secure a diversion for your drunk driving charge as well: What is a Johnson County DUI/DWI diversion? A Johnson County DUI diversion is essentially a contract between someone charged with DUI in one of the courts in Johnson County and the prosecutor's office in the Johnson County Court where the DUI has been charged. 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. 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: - The completion of a drug and alcohol evaluation, called an ADSAP. The recommendations in the ADSAP will then be a part of the diversion contract. Depending on the evaluation, this could include weekend classes, weekly classes, AA meetings, and even in-patient treatment.
- Payment of fines and costs. The fines and costs will run from $850 in some courts to $1200 or more in others. Some Courts require payment to be made upfront, while others will accept periodic payment.
- Prohibition from drugs and alcohol. You 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.
- Waiver of 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.
- Stipulation to the police reports. When you sign the diversion contract, you are agreeing that the information contained in the police reports is true.
- Waiver of Confrontation Rights. By agreeing to diversion, you are waiving your Sixth Amendment right to confront witnesses.
- 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. 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 with driving 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 Prosecutorhandles 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: | Recent News (Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)
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 offproposed 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 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.
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