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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 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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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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Posted By DUI Lawyer Charles Green
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5-Dec-2019
As the holiday season arrives, some advice on staying safe, ( and jail-free ) It's Holiday Season so that means Christmas parties, work parties, a night out on the town, concert, movie, meeting up with some friends, and maybe having a drink or two. Easiest way to avoid a DWI? Designate a driver or take a taxi or Uber home. The reality is that this doesn't always happen, and that next drink may ...
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Posted By Charles Green
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7-Nov-2019
In Wichita v. Molitor, no. 104,940 the Kansas Supreme Court reversed the DUI conviction of a Wichita man in a case that could impact DUI cases statewide. William J. Molitor was pulled over in February of 2009 after leaving a Wichita bar during a saturation or 'Wolf Pack' DUI patrol in Wichita Kansas for failing to signal a right-hand turn when turning out of a parking lot. Police Officer Diaz said ...
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Posted By DWI Defense Attorney Charles Green
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17-May-2019
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 : the DUI / DWI Field Sobriety Tests. The Big Three: The National Highway Traffic Safety Administration (NHTSA) has ...
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Posted By DUI Attorney Charles Green
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1-Nov-2018
A Kansas Driver pulled over in response to Officer's traffic stop of a different vehicle (mistakenly thinking he was the target). When the Driver got out of his truck and walked towards the Officer, the Officer ordered him to get back in his vehicle. This order from the Officer effected a seizure. State v. Reiss, No. 102,071(Kan. App. Dec. 17, 2010) (Leben) (declining to decide "whether a ...
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Posted By DUI Attorney Charles R. Green
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21-Oct-2017
DUI Defense Lawyer in Wyandotte County, Kansas 913.383.3311 Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Wyandotte County District Court in Kansas City, Kansas? The Wyandotte County District Courthouse is located in downtown Kansas City, Kansas, across the street from City Hall. Once you have posted bond you will receive a citation or criminal complaint with the ...
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Posted By DUI Attorney Charles Green
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22-Aug-2017
Many Kansas City Area residents will be headed out of town next week for the Labor Day Weekend Holiday celebrating the 'official' end of summer. Whether on the road or on the lake, take care while celebrating this weekend. The Missouri Highway Patrol reports that from 2004 to 2012, 112 people died in accidents on Missouri roads and highways, and more than 2400 were injured on Missouri ...
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Posted By DUI Attorney Charles R. Green
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30-Jul-2017
DUI Defense Lawyer in Johnson County, Kansas Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Johnson County Kansas? Once you have posted bond you will receive a citation or criminal complaint with the first court date on the front. Catch your breath, get your car out of the tow lot if necessary. Weigh your options, and then talk to an experienced Johnson County DUI ...
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Posted By DUI Attorney Charles R. Green
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22-Jun-2017
When is a DUI a Federal Offense? Most DUI, DWI, and OUI charges in Kansas and Missouri are charged under State Law or Municipal Ordinance. However a DUI may become a federal matter if it takes place on or near Federal Property including: * National Parks and Forests and National Monuments * Some Airports (Kansas City International Airport/ MCI ) * Military Bases including Fort Leavenworth Kansas, ...
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Posted By Charles Green
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11-Nov-2016
As the holiday season arrives, some recommendations for staying safe and DUI-free : So... you're ready for a night out on the town, concert, movie, meeting up with some friends, maybe having a drink or two. Easiest way to avoid a DUI? Designate a driver or take a taxi or Uber home. The reality is that this doesn't always happen, and that next drink may just put you at or over the legal ...
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Posted By DUI Attorney Charles R. Green
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5-Aug-2016
The United States Supreme Court has decided that part of a Minnesota law making it a separate crime to refuse to submit to a Breathalyzer or blood test by those suspected of Driving Under the Influence (DUI) by law enforcement is valid, while part of it is unconstitutional as an unreasonable violation of Fourth Amendment rights against unreasonable search and seizure. The Court ruled in a 5-3 ...
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Posted By Attorney Charles R. Green
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20-May-2016
On February 27, 2016, the Kansas Supreme Court decided that the State of Kansas can no longer charge someone being investigated for DUI with the separate crime of refusing a blood test, breath test or test of other bodily fluids in connection with an investigation for DUI. The statute is 'Facially Unconstitutional', and must be thrown out, the court said, because it punishes the defendant ...
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Posted By Charles R. Green
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7-May-2016
WILL A DUI ARREST AFFECT MY MEDICAL LICENSE IN KANSAS? The Kansas Board of Healing Arts requires that all arrests, excluding minor traffic or parking violations or citations, and all criminal charges, indictments, and convictions of crimes, including Class A Misdemeanors and Felonies be disclosed for Kansas Medical Licensure. The Kansas Board of Healing Arts licenses the following Health Care ...
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Posted By DUI Attorney Charles R. Green
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15-Mar-2016
DUI LAWYER KANSAS CITY KANSAS 913.383.3311 CALL 913.383.3311 FOR A FREE CONSULTATION Defending Clients on DUI and Criminal Charges in Kansas City, Kansas Since 1993 Have you been charged with a DUI in Kansas City, Kansas? Once you have posted bond you will receive a citation with the initial Court date on the front. Take a breath, get your car out of the tow lot if necessary; weigh your options, ...
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Posted By DUI Attorney Charles R. Green
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12-Dec-2015
The United States Supreme Court has said it will take up a case to ultimately decide whether individual states can make it a separate crime for individuals suspected of Driving While Under the Influence of Alcohol or Drugs to refuse to submit to a chemical test of their breath, blood, or urine within the scope of a DUI investigation. Lawyers for the defendants maintain that these laws violate ...
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Posted By Charles R. Green
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25-Sep-2015
Probation Violation Lawyer in Overland Park Kansas PROBATION VIOLATION LAWYER IN JOHNSON COUNTY 913.383.3311 Free Initial Consultation Contact Our Office Today Defending Those Accused Of Violating Probation Since 1993 When you are placed on probation for DUI or DWI, Possession of Marijuana, or other criminal charge, whether it be on a DUI Diversion in Johnson County or a Suspended Sentence for DWI ...
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Posted By The Law Office of Charles R. Green
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30-Aug-2015
Lightning Strikes Again at 39th and Southwest Trafficway... A DUI Checkpoint held late Friday night resulted in more than thirty people being arrested and charged with Driving Under the Infuence / DUI. The Kansas City Police Department, working in conjunction with the Jackson County Sheriff's Department and Missouri Highway Patrol once again held a DUI checkpoint at 39th Street and Southwest ...
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Posted By Charles R. Green
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4-Jul-2015
* On February 27, 2016 the Kansas Supreme Court declared this law unconstitutional, you cannot currently be charged with the separate crime of DUI Test Refusal in Kansas, I am leaving the blog post up for informational purposes. If you were charged under the old law which was in effect from 7/1/12 until 2/27/16 and still have a case pending or at warrant status/ unresolved in the State of Kansas ...
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Posted By DUI Attorney Charles R. Green
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30-Mar-2015
The Kansas Legislature is considering some changes to DUI laws for 2015. One proposal would cut to five years the time that must have passed before a person can petition a court for expungement of a DUI conviction from seven or ten years to just five years after probation has passed. The purpose is to allow people who have been convicted of DUI to better find employment after they have completed ...
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Posted By DUI Lawyer Charles Green
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10-Oct-2014
816.361.0964 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. Withdrawal of this consent by not giving a sample of your blood, breath or ...
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