DUI ATTORNEY OLATHE
DUI Defense Lawyer in Olathe Kansas
Have you Been Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Olathe Municipal Court? Once you have posted bond you will receive a citation or criminal complaint with the arraignment date (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 our experienced Olathe DUI Lawyer. Get informed; Take action to protect your rights and your future.
How to Request a Drivers License Hearing in Olathe
Your first court appearance in Olathe 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. A Federal Holiday does not count as a business day. The Certifying Officer should have served you with a DC-27 (Pink Form) , the date of service is the date listed on this form. Any Certifying Officers should sign this form.
The Kansas Department of Revenue requires a $50.00 fee for a DUI Administrative Drivers License Hearing . 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 accompanied with a $50.00 payment.
Failure to make a timely request and enclose the $50.00 fee 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 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.
Why is My DUI Case Filed in Olathe Municipal Court?
The Olathe Kansas Municipal Court adjudicates cases filed by the Olathe Police Department, which include tickets issued by the Olathe Police, These charges 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; a second DUI offense is a Class A Misdemeanor.
Felony DUI Charges in Olathe
Felony DUI cases in Olathe Kansas (Third DUI or subsequent) are prosecuted at the State level in Johnson County District Court. These cases can originate in a municipal court in Johnson County, i.e. Overland Park or Olathe , 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 DUI Diversion can be used to enhance a current charge to a Felony DUI. Some out-of-state DUI convictions, including Missouri State Statute convictions, for prior DUI offenses may not count as prior convictions to enhance a DUI to a felony in Kansas, see State v. Stanley, No. 112,828, Kansas Court of Appeals.
Olathe Municipal Court Resources:
Olathe Municipal Court
1200 S. Harrison St.
Olathe, Ks., 66061
Phone: (913) 971-7564