Driving under the influence of prescription drugs (DUI/DWI) attorneys/lawyers/law firm in Johnson County, KS KSA 8-1567 allows a person to be convicted of DUI in Kansas if the State can prove that prescription drugs left the driver unable to safely operate a motor vehicle. The worst part about the statute is that it does not matter if you have a valid prescription! The lawyers in our law office have noticed a huge increase in the number of Johnson County driving under the influence (DUI/DWI) charges claiming that a driver was under the influence of prescription drugs to a degree that left them unsafe to operate a motor vehicle. This is a very dangerous development in Johnson County DUI law because such cases require more care from a DUI lawer than a typical alcohol Johnson County DUI charge. If you have been charged with a Johnson County prescription DUI charge, you need help from an attorney who understand the unique issues in these cases. For instance, both blood and urine tests can be extremely unreliable and are subject to a number of interpretations and are seldom helpful in determining the ultimate issue: whether the driver was impaired by the prescriptions. Our lawyers have experience fighting prescription DUI charges in Johnson County and elsewhere in Kansas. Call us today at (913)764-5010 to discuss your case with one of our law office's DUI attorneys. Urine tests are extremely poor indicators of prescription DUI: Urine tests in particular, are horribly inaccurate. Think about it, a urine test only shows what was in the driver's system, not what is in there at the time of the test. Urine tests will often show up positive days or even weeks after a drug was ingested which further skews their helpfulness in a prosecution for prescription DUI in Johnson County. What this means is that, at best, all a urine test can show is the driver had a drug in their system sometime within the prior weeks that may have impaired their driving. The test cannot normally show when the drugs were taken, if they were taken in safe or recommended amounts, or what effects they had on the driver. If this seems unfair, it is. The use of a urine test in a prescription DUI/DWI case in Johnson County is simply an attempt to turn the State's burden of proof on its head. The State must tie their claims of bad driving to the prescriptions:
What does it mean to be "unable to safely operate a motor vehicle?" It depends on the circumstances surrounding the DUI charge, the officer who pulled you over, the status of any blood or urine results, the Johnson County court your case will be heard in, and even the day its heard. In other words, a Johnson County presription DUI/DWI case is not something that can be analyzed without having access to all the facts. Call (913)764-5010 to speak to one of our experienced Johnson County DUI lawyers today! A DUI lawyer can never promise results, but you may be able to learn a lot about a DUI attorney by listening to their past clients. We will never claim to have secured an aquitted for all of our clients, but we can promise you that we will work hard on your case in an attempt to put you in the best position possible. Below you'll find actual stories from a few of our clients: Client Testmonials: The officer who arrested me wrote his report as though he was watching a different stop than mine. I could not believe the conclusions he made - all after another officer had deemed me OK to drive. I was looking at a 1 year license suspension which would have left me without a way to get to work. I would have lost my house without my job and my kids without a license. Mr. Johnson ran circles around the officer at the drivers license hearing and i got to keep my license. We thought about fighting the criminal case in Gardner Court, but I decided to sign up for their diversion program to get things over with and avoid the possibilty of jail time. I can't say enough good things about these attorneys - they truly cared about my case and the possible repurcussions. MT - Gardner After hiring another attorney to represent me in my DUI case, I was not satisfied with the way things were going. So I decided to research on my own and stumbled onto Jeremiah Johnson’s website. The website offered a lot more information than I was receiving from my own attorney, so I decided to give Jeremiah a call to see if he could help out.
The first thing that impressed me was how easy it was to get ahold of him by phone. He was very informative and helpful when we spoke that first time. At the time, I was working our of town and could not take off work to meet with him, but Jeremiah made himself available to meet me at a central time and at a central location.
I was so impressed with Jeremiah’s professionalism and his understanding of the law, so I decided to hire him to represent me. After he reviewed the facts in my case, Jeremiah felt confident that he could win the case for me and was very determined to do so.
Jeremiah kept me informed by either phone or by mail of all the proceedings in my case. He provided me with copies of all correspondences that he presented to the Court and was readily available whenever I called him with any questions.
Because of Jeremiah’s knowledge of the law, and his attention to the details in my particular case, he was able to convince the Courts that there was not enough evidence to convict me of the charge against me. The Court suppressed the evidence and therefore I was found innocent.
I would highly recommend Jeremiah Johnson to anyone facing a DUI charge. He knows the law and he knows our rights. He’s on our side.
D. Butler, Overland Park I was looking at a 1 year suspension, leaving me with no way to take get to work or get my kids to school. I'm a single mom and that was just not an option. My first attorney told me the license suspension was unwinnable, but a friend of mine told me to call Jeremiah. He explained that it would be hard, but he would do what he could. We won and now I don't have to sneak around on a suspended license. JT - Olathe I have a great job at a local professional firm that I got after graduation and I have to drive for work. When I first met with Jeremiah, he told me that the State wanted to take my license for 1 year and that I could not get a work only license. I brought my paper license back with my payment, he got a big smile and told me that I had a good chance of winning the suspension. As I write this, my license is in my pocket. It was returned to me because the paper wasn't right and I kept my job because he also got me a diversion to keep it off my record. This probably saved me 30,000 this year alone. Thank you! JK - Overland Park Legal
While the Law Offices of Jeremiah Johnson focuses on traffic tickets, DUI cases, and personal injury matters, we are located next to some excellent attorneys who practice in the following areas: Joe Vader - Mr. Vader has been practicing law in Johnson County since 1964. He specializes in Kansas adoptions services, including birth mother adoptions. Mr. Vader also handles family law cases. For more info about an experienced Johnson County adoption and family law attorney, visit: http://joevaderlaw.com/ Michael Dreiling - Mr. Dreiling specializes in tax and accounting law. For more info about retaining an experienced Johnson County tax attorney, visit: http://www.dreilinglaw.com/ Jerry Wallentine - Mr. Wallantine represents citizens charged with all types of crimes in Johnson County. For an experienced and agressive Johnson County criminal attorney, go to: http://www.olathe-lawyer.com/ Business and Finance Government General News Search Engines | | Recent News (Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)
7/9/10 - Our law office won another driver's license suspension case today. This administrative hearing involved a Mission, Kansas driving under the influence (DUI/DWI) case. Our attorneys won by arguing that the State had taken too long to hold the hearing, which was 14 months after our client's Mission DUI arrest. 6/17/10 - Today our law office learned that a potential lifetime driver's license suspension had been dismissed against our client. The case originated from a March DUI arrest in Johnosn County, KS by the Kansas Highway Patrol. Our Johnson County DUI attorneys successfully challenged the proposed suspension based upon the lack of proper service, as required by Kansas law. 4/8/10 - We won an administrative hearing today by pointing out a techincal defect with the certification of the Intoxilyzer 8000 instrument. This hearing was based on an Overland Park DUI. Our client faced a 1 year suspension. 4/2/10 - Today our law office's DUI attorneys won another three administrative hearings with the Kansas Department of Revenue. Two of our wins were from Olathe DUI charges, and one from a Shawnee DUI. Our Johnson County DUI attorneys won primarily by fighting the foundational requirements for the admissibility of the Intoxilizyer 8000 breath test. If we can successfully suppress the results of this test, we will usually win breath test failure administrative license hearings. 3/12/10 - Today our law office won two driver's license administrative hearings resulting from second time driving under the influence (DUI) charges filed in Leawood, KS and Shawnee, KS. We won one license hearing after successfully arguing that the certification documents (accompanying the DC-27 pursuant to KSA 8-1002) were incorrectly completed and therefore supported dismissal. We won the other hearing based upon aruging that the presence of a last-minute officer subpoena required the attendence of the assisting officer. 3/5/10 - Today our law office won a DUI driver's license Administrative Hearing with the Kansas Department of Revenue. Our successful argument was based on a defective DC-27 certification. This approach saved our client from a 1-year driver's license suspension. The case stemmed from a DUI stop by the Johnson County Sheriff's Office in DeSoto, KS. 2/12/10 - Today our Johnson County DUI lawyers won a DUI driver's license Administrative Hearing resulting from an Olathe, KS DUI stop. Attorney Scott McFall siezed on the arresting officer's fuzzy memory of the stop, arrest, and breath testing and were able to prevent a 2 year license suspension from being imposed on our client. 2/4/10 - Today we argued a Motion to Suppress in Johnson County District Court. Our Motion alleged that both the stop of our client and his arrest violated the Constitutions of the United States and Kansas. Our arguments prevailed and the Court ordered that nearly all of the evidence gathered by police be suppressed. Motions to Suppress are one of the most effective tools we use in fighting DUI charges in Johnson County. 1/11/10 - We represented a client in a DUI jury trial in Johnson County District Court. The trial ended early with a "mistrial" due to the police officer's repeated mention of inadmissible matters. As a result, we were able to negotiate with the State for a dismissal of the driving under the influence charge. This was especially helpful for our client for whom we had recently prevailed at the administrative hearing. 12/18/09 - Today we received notice from the Kansas Department of Revenue that our client's proposed 3 year driver's license suspension would not be enforced. We successfully pointed out a defect in the "personal service" requirement of the DC-27 form used to initiate driver's license suspension proceedings. 12/11/09 -Today Scott McFall prevailed at a driver's license hearing involving a proposed 1 year driver's license suspension resulting from an Olathe DUI arrest and charge. The criminal portion of this case also turned out extrememly well. We were able to negotiate a deal with prosecutors under which the DUI charge against our client may ultimately be dismissed. 12/4/09 - We won an administrative hearing on a case with a proposed 1 year driver's license suspension (followed by a 2 year ignition interlock requirement) Our successful arguments were based on the "resonable grounds" that the Johnson County law enforcement officer relied upon.
11/05/09 - Today we received confirmation from the Kansas Department of Revenue that our client's proposed 1 year driver's license suspension was dismissed. This 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. 9/10/09 - Today we helped our client avoid a 3 year driver's license suspension proposed by the Kansas Department of Revenue. Our defense focused on the personal service (or lack of in this case) which did not comply with the statute governing DUI driver's license suspensions.
8/20/09 - Scott McFall won a trial in Olathe Municipal Court. This case involved an auto accident in Olathe where the City was attempting to also assess over $3000 in restitution as a result of the auto accident invovled in this case. In convincing the Court that our client was not guilty, we not only kept a conviction from marring their driving record, but we also saved them over $3000! 8/10/09 - Today we received notice from The Kansas Department of Revenue that one of our Johnson County District Court clients, who was facing a 1 year driver's license suspension had prevailed. We successfully pointed out that the State Trooper who had certified the document used to trigger the license suspension process - called a DC-27 - was incorrectly certified.
6/24/09 - Our law office's newest attorney, Scott McFall, negotiated a dismissal of a Shawnee, KS driving under the influence (DUI) charge. Securing a dismisssal of a Johnson County DUI charge is extremely difficult because the statute specifically states that the DUI charge may not be amended to another charge and may not be dismissed without judicial approval. Scott McFall was able to persuade the prosecutor that the City's case was insufficient to support a conviction. Over 6 weeks before, we were able to demonstrate that the DC-27 was "defective on it's face," meaning that the license suspension proposed by the Kansas Department of Revenue was also dismissed. 6/18/09 - Today we secured an acquittal on a DUI charge in Overland Park Municipal Court. Our client was charged with driving under the influence and was also facing a 1 year driver's license suspension for refusing the breath test. The trial stretched over two days after we discovered mid-trial that a video from one of the responding officers had not been produced. This trial featured a Motion to Suppress over 4 different Constitutional issues. Our client was an entreprenuer who relied on his license to make a living. 5/22/09 - Today we won two administrative hearings, fighiting off proposed suspensions of 1 and 3 years. We successfully raised issues regarding the officer's certifcation, our client's withdrawal of refusal under the terms of Standish v. Department of Revenue, 235 Kan. 900, (1984), the flawed field side sobriety tests given by the Gardner Department of Public Safety officer, and an improper DC-70 advisory notice. 4/14/09 - A felony case against our client was dismissed following a jury trial in Johnson County District Court. 3/14/09 - Today we succesfully defended our client's driver's license at an Administrative Hearing with the Kansas Department of Revenue. We strenuoulsy argued that the "tag team" approach to meeting the Kansas Department of Health and Environment's (KDHE) protocol was not sufficient to render a valid breath test. 2/27/09 - Today Scott McFall (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 allcharges 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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