DUI Defense Lawyer in Miami County, Kansas
Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Miami 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 Miami County DUI Lawyer. Get informed; Take action to protect your rights and your future.
Request a Drivers License Hearing in Miami County
Your first court appearance may be a month or so away but the clock starts running immediately on your right to contest the possible administrative suspension of your Kansas Driving Privileges. In Kansas you have ten business days or fourteen calendar days (whichever is later) from the date of a chemical test failure or test refusal to request a Drivers License Hearing. The Miami County Sheriff's Office or Highway Patrol should have served you with a DC-27 (Pink Form) , the date of service is the date listed on this form.
Be sure to read the fine print on the DC-27. An Administrative Driver License Hearing request must be made in writing and must be timely requested. Failure to make a timely request will result in the denial of your request for a Drivers License Hearing and almost certainly the automatic suspension or revocation of your Kansas Driving Privileges. When you retain the Law Offices of Charles R. Green one of the first steps we take is to request the Drivers License Administrative Hearing in Miami County on your behalf. This preserves your right to an in-person hearing where the Officer's actions and any constitutional issues or procedural violations can be reviewed; it also allows importantly allows you to continue driving in Kansas during the process , (provided your license is not otherwise suspended or restricted).
Why is My Case Filed in State Court?
The Miami County District Court adjudicates cases filed by State Agencies, which include tickets issued by the Kansas State Highway Patrol, Miami County Sheriff's Office, and Park Rangers. These offenses can include Driving Under the Influence (DUI) of alcohol and/ or Drugs, Possession of Marijuana or other Controlled Substances, as well as Speeding Tickets and other Traffic Violations. A first-time DUI is typically a Class B Misdemeanor, the same as if it was issued by a municipal officer. State Court does not necessarily mean the charge is more serious, however, District Court proceedings are generally more formal than a Municipal Court, and the procedure can be intimidating.
Felony DUI Charges in Miami County
Felony DUI cases (Third or subsequent) are prosecuted at the State level in Miami County District Court. These cases can originate in a municipal court in Miami County, i.e. Paola, but then are dismissed at the municipal level and referred to District Court for potential filing as a Felony DUI. Kansas currently has a 'Limited Lifetime Look-back' to July 1, 2001 to determine whether a prior DUI conviction or a prior DUI Diversion can be used to enhance a current charge to a Felony DUI.
Miami County Information
Miami County is has a population of about 34,000. The county seat is Paola, Kansas. The county was originally established in 1855 as Lykins County, named after Dr. David Lykins, a Baptist missionary to the Native American Indian tribes in the area. He had built a school for them in what is now rural Miami County. He also served as a member of the territorial council, and was pro-slavery. By January 1861, the anti-slavery forces had been established as dominant, and Kansas entered the union as a free state. As a result of Dr. Lykins' views on slavery, Lykins County's name was changed to Miami County on June 3, 1861. The new name was in honor of the predominant Native American tribe that settled the area, the Miami.
Miami County District Judges have original jurisdiction over all civil and criminal cases, including divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters, and small claims.
Miami County Resources:
Miami County Courthouse
120 S. Pearl St.
Paola, Ks., 66071