Why Is Criminal Charge And A Civil Case In A Dui?

Mon, 04 Jun 2007 21:51:22 GMT

If you have been arrested for DUI, there are two distinct and separate aspects of your case: the criminal charges, which can result in fines, jail time, and loss of driving privileges; and the administrativeor civilside, which can result in the suspension of your driving privileges. It is extremely important to pay attention to both tracks on which your case is proceeding. This FAQ provided courtesy of Hulnick Law Offices.

Are There Any Rules Unique To Kansas?

Tue, 29 May 2007 21:19:00 GMT

If you are ticketed for speeding at a speed less than 10 mph over the posted speed limit, the ticket information is not made available to the insurance industry or to other states.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can I Defend A Dui Charge?

Tue, 29 May 2007 21:19:00 GMT

In order to defend against such a charge, you must be ready and able to demonstrate, either through independent witnesses who can attest to your lack of intoxication, or through critical examination of the results of the Intoxilyzer or blood tests; the precision and proficiency with which the officer conducted the field sobriety tests; the training and experience of the persons who conducted any chemical tests; the constitutionality of any stops, searches and seizures; and the credibility and reliability of the statements of any witnesses. As with any criminal charge, the city or state bears the burden of proving the charge against you. Because of an increased political and public intolerance toward those who drink and drive, however, defending against a DUI charge has become more complicated, while the penalties upon conviction have become more onerous. This FAQ provided courtesy of Hulnick Law Offices.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Do Duis Affect Drivers Under 21?

Tue, 29 May 2007 21:19:00 GMT

It is unlawful for any person under 21 to operate or attempt to operate a vehicle with a breath or blood alcohol content of .02 or greater. If a driver under 21 has a BAT of .02.079 there are no criminal penalties, but driving privileges can be suspended. If the BAT is between .02 and .08, driving privileges may be suspended for 30 days on the first occurrence, and one year on any subsequent occurrence. If a driver has a BAT of .08 or above, driving privileges can be suspended for one year. In order to avoid an automatic suspension of driving privileges, you must request an administrative hearing within 10 days of the day you were stopped. If you request a hearing, the basis for the suspension may be challenged. This FAQ provided courtesy of Hulnick Law Offices.

How Do Duis Affect Juvenile Drivers?

Tue, 29 May 2007 21:19:00 GMT

Juveniles who are at least 14 but not yet 18 years of age, who are charged with DUI are tried in adult court, rather than juvenile court. A juvenile's sentence, however, cannot be longer than ten days and can only be served in a juvenile detention facility. The court has the authority to revoke or suspend a juvenile's driving privileges, upon conviction for DUI, for a period of up to one year. Instead of suspension, the court may impose restrictions on a juvenile's driving privileges. This FAQ provided courtesy of Hulnick Law Offices.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle except in locked rear trunk or rear compartment, or locked outside compartment not accessible to any person in the vehicle while it is in motion.
Firearms are permitted in the vehicle. Firearms are not required to be cased.
Studded tires are permitted from November 1 to April 15.
Tire chains are not required.
Kansas has a seat belt law with secondary enforcement for all front seat occupants.
Kansas has a mandatory child restraint law for passengers under 15 years of age. Children under age 4 must use approved car safety seats.
Kansas has a mandatory motorcycle helmet law for persons under 18 years of age.
Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.

What Are The Potential Criminal Penalties For A First Conviction?

Tue, 29 May 2007 21:19:00 GMT

A first conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail. The person must serve at least 48 hours, unless the court orders order that the person complete 100 hours of community service instead of the term of imprisonment. The fine for a first conviction ranges between $500 and $1,000. Upon a first conviction, driving privileges are suspended for 30 days, followed by 330 days of restrictions. You will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator. This FAQ provided courtesy of Hulnick Law Offices.

What Are The Potential Criminal Penalties For A Fourth Conviction?

Tue, 29 May 2007 21:19:00 GMT

A fourth conviction for DUI is also a felony. Like a third conviction, there is a minimum sentence of 90 days. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail and then may be placed in a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. If there is a fifth conviction, driving privileges are permanently revoked. This FAQ provided courtesy of Hulnick Law Offices.

What Are The Potential Criminal Penalties For A Second Conviction?

Tue, 29 May 2007 21:19:00 GMT

A second conviction for DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but after 48 hours the judge can order that remainder of the sentence be served on house arrest or in a work release program. Completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500. Upon a second conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. This FAQ provided courtesy of Hulnick Law Offices.

What Are The Potential Criminal Penalties For A Third Conviction?

Tue, 29 May 2007 21:19:00 GMT

A third conviction for DUI is a felony. The sentence includes 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge can order that the remainder of the sentence by served in work release or on house arrest. The fine for a third conviction ranges from $1,500 to $2,500. Upon a third conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. This FAQ provided courtesy of Hulnick Law Offices.

What Are The Potential Criminal Penalties?

Tue, 29 May 2007 21:19:00 GMT

Aside from the administrative suspension of your driving privileges, the criminal charge of DUI carries fines, potential jail time, and suspension of your driving privileges. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for, DUI. It no longer matters whether a prior conviction was within five yearsnow, all prior DUI convictions and DUI diversions count, regardless of how long ago they occurred. This FAQ provided courtesy of Hulnick Law Offices.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Minimum limits: $25,000/50,000/10,000. Nofault insurance is required. Kansas has uninsured motorists law.

What Are The Speed Limits In Kansas?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Ltd Access Rds 70 mph
Other Primary Rds 65 mph
Residential 30 mph

What Happens At The Administrative Hearing?

Tue, 29 May 2007 21:19:00 GMT

If you request an administrative hearing, in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case. At the hearing, a number of issues can be raised in your, defensedepending on the facts of your caseincluding, but not limited to, whether the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs, whether you were given the statutorily required notices, whether your actions constituted a legal refusal to take the test, whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE), whether the testing procedures were in substantial compliance with KDHE rules and regulations, whether the test result was .08 or greater, and whether you were operating or attempting to operate a vehicle, and due process or other constitutional issues. Again, it is extremely important to request the administrative hearing within 10 days. Failure to do this will result in the suspension of your driving privileges without a hearing. This FAQ provided courtesy of Hulnick Law Offices.

What Is A Dui?

Tue, 29 May 2007 21:19:00 GMT

In Kansas, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) means that you operated or attempted to operate a vehicle when, because of the ingestion of drugs or alcohol, you were incapable of safely doing so. This incapability may be shown either by proving that your blood alcohol level was .08 or above, and/or from other evidence, such as poor performance on field sobriety tests, poor driving skills, your physical appearance, and statements that you made to the officer. This FAQ provided courtesy of Hulnick Law Offices.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Dui Diversion?

Tue, 29 May 2007 21:19:00 GMT

If you have never been convicted of DUI, have never entered into a diversion contract for DUI before, and were not involved in an accident or collision resulting in personal injury or death, you may be eligible to participate in a DUI diversion program. Diversion is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in exchange for an opportunity to avoid a conviction for DUI. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires. If, at the completion of the diversion periodusually one yearyou have completed all the requirements of the contract, the criminal charge of DUI is dismissed. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket and the criminal case against you will be reinstated and your trial will be conducted on stipulated facts. This FAQ provided courtesy of Hulnick Law Offices.

What Is Dui Expungement?

Tue, 29 May 2007 21:19:00 GMT

A conviction for a DUI can be expunged, or eliminated from your criminal recordfor most purposes, five years after you have either been released from custody or completed your term or probation or postrelease supervisionwhichever came last. The expungement does not occur automatically, but will only happen if you file a motion with the court, and demonstrate that it is in the best interest of justice to expunge your conviction. Once your arrest and conviction is expunged, you need not reveal the fact that you were arrested or convicted except under very specific situations that are provided by law. The expunged conviction, however, will still be included in your criminal history if you are ever again convicted of a crime. This FAQ provided courtesy of Hulnick Law Offices.

What Is The Administrative Hearing?

Tue, 29 May 2007 21:19:00 GMT

The length of suspension that you face depends upon whether you refused the chemical test or whether you failed the test, whether this is your first test failure, and whether you are over or under 21 years of age. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to one year. You have a right, however, to an administrative hearing in which you can challenge the grounds upon which your license is being suspended. If you are successful at the hearing, your license may not be administratively suspended at all. When you were arrested, the officer should have given you a pink form, called the DC27. As described on the back of that form, you must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 days of the day you received the DC27 or your driving privileges will automatically be suspended. This FAQ provided courtesy of Hulnick Law Offices.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or total apparent property damage exceeding $500 must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes