DUI Lawyer Miami County
Miami County DUI and Criminal Defense Lawyer
Charged with a Criminal Complaint, or Driving Under the Influence ( DUI ) in Miami County?
Once you have posted bond you will receive a citation or criminal complaint with the first court date on the front. Weigh your options, and then talk to an experienced Miami County DUI and Criminal Defense Lawyer .
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 Miami Park Rangers at Hillsdale Lake in Kansas. 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
The Miami County Courthouse, located east of the junction of Miami and Silver Streets in Paola, Kansas, is the seat of government of Miami County. The courthouse was built in 1898 and has housed the county's government since. Architect George Washburn designed the courthouse; its design is Victorian and Romanesque Revival. The building features a tower at the corners; the southwest tower was once a clock tower. The east and west entrances to the courthouse feature porches with brick columns. The upper windows of the building are arched with stone; the stone continues around the building in a band, a feature described as "one of the strongest elements of the [building's] design"
The courthouse was added to the National Register of Historic Places on March 1, 1973.
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