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Posted By Attorney Charles Green
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5-Sep-2020
Under the DUI Implied Consent Laws in Kansas any person operating a motor vehicle impliedly gives their consent to submit to a test to determine their blood alcohol content when arrested for Driving While Intoxicated (DWI) or Driving Under the Influence of Alcohol, Drugs, or a combination of the two (DUI). Withdrawal of this consent by not agreeing to give a sample of your blood, breath, or urine ...
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Posted By DUI Attorney Charles Green
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18-Aug-2020
So...you are stopped late at night at a DUI Checkpoint in Missouri or Kansas or for a traffic violation/speeding/ improper tags/improper lane use, etc. and asked, "Have you had anything to drink tonight?" If your answer is yes, you are in for the worst pop quiz of your life, otherwise known as the DUI / DWI Field Sobriety Tests. The Big Three The National Highway Traffic Safety ...
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Posted By DUI Attorney Charles R. Green
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10-Jul-2020
What is Driving Under the Influence of Drugs (DUI Drugs) in Kansas? Driving While Under the Influence of Drugs is an area of law enforcement that has grown exponentially over the past few years. Traditionally the laws applied to Drivers under the influence of illegal substances such as amphetamine, opiates, painkillers, cocaine or marijuana. However the focus of law enforcement has shifted to ...
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Posted By Charles Green
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15-May-2020
Kansas City, Missouri DUI Lawyer Under Missouri Implied Consent laws any person operating a motor vehicle implicitly gives their consent to submit to a test to determine their blood alcohol content when arrested for Driving Under the Influence (DUI) of alcohol, drugs, or a combination of the two when requested to do so by law enforcement. What Constitutes a DUI Refusal in Missouri? Withdrawal of ...
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Posted By Charles R. Green
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24-Apr-2020
IS A THIRD DUI A FELONY IN KANSAS? A Third DUI in Kansas is a Class A Nonperson Misdemeanor if both of your prior DUI charges took place at least ten years before the current DUI charge occurred. Kansas DUI Statute K.S.A. 8-1567 (C) defines what constitutes a Third DUI Offense as a Class A Nonperson Misdemeanor and sets out the minimum jail time of ninety (90) days and a fine of not less than ...
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Posted By Charles R. Green
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11-Apr-2020
Does My Out of State or Missouri DUI Count in Kansas? Kansas Counts All DUI or DWI Convictions From Other States, Including Missouri, That Were Adjudicated On or After July 1, 2001. However, DUI Laws Vary and Not All DUI and DWI Convictions Will Count. Prior DUI Convictions From Other Jurisdictions Can and Should Be Carefully Examined and Challenged By Your DUI Lawyer. Kansas DUI Laws increase ...
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Posted By Charles R. Green
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6-Apr-2020
IS A THIRD DUI A FELONY OR MISDEMEANOR IN MISSOURI? A THIRD DUI IN MISSOURI IS A CLASS E FELONY AND IS PROSECUTED UNDER THE 'PERSISTENT OFFENDER' LAW IF A PROSECUTOR DETERMINES YOU HAVE TWO OR MORE DUI CONVICTIONS FROM TWO SEPARATE OCCASIONS OR ONE PRIOR INTOXICATION-RELATED TRAFFIC OFFENSE IN WHICH SOMEONE WAS INJURED OR KILLED. Missouri DUI Statute 577.010(18) Classifies 'Persistent Offender' ...
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Posted By Charles R. Green
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15-Feb-2020
In it's recent ruling Creecy v. Kansas Department of Revenue, No. 117,035, the Kansas Supreme Court declared unconstitutional a provision of state law requiring all Kansas Drivers charged with DUI in Kansas to pay a $50 fee as part of the requirement for requesting a DUI Drivers License Hearing in Kansas. Mr. Jay Norton, Esq., of Norton Hare, L.L.C., of Overland Park, argued the case successfully ...
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Posted By Attorney Charles R. Green
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1-Jan-2020
In defending Driving Under the Influence (DUI) charges in Kansas it is not unusual to have a client also charged with Transporting an Open Container of Alcohol or 'TOC' in addition to the DUI charge itself. Here is a brief look at the Kansas Open Container law. Transportation of liquor or an 'Alcoholic Beverage' in an opened container (T.O.C.) is a misdemeanor in Kansas under K.S.A. 8-1599. This ...
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