DUI Lawyer in Johnson County Kansas
Have you been charged with Driving Under the Influence ( DUI ) in Johnson County Kansas? Once you have posted bond you will receive a ticket or criminal complaint with the first court date on the front. You want to 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 Lawyer. The new Johnson County District Courthouse opened in 2021 and is located at 150 W. Santa Fe St., Olathe, Ks., 66061.
Will I Go to Jail for DUI in Johnson County in 2023?
If you are convicted of DUI in Johnson County, all levels of DUI used to carry mandatory jail time in Kansas. However in July of 2022 the Kansas Legislature changed the DUI laws in Kansas to no longer require two days in jail or 48 hours of confinement for first-time offenders. However, although not required by law, the Prosecutor may still recommend jail time and Judges may still require you to serve jail time on a first time DUI conviction. A second DUI or third DUI in Kansas still carry mandatory jail requirements if you are convicted of DUI.
How Do I Request a Drivers License Hearing for a DUI in Johnson County?
Your first court appearance in Johnson County District Court may be a month or so away but the clock starts running immediately on your right to contest the possible suspension of your Kansas Driving Privileges. In Kansas you have ten business days or fourteen calendar days (whichever is later in time) from the date of a chemical test failure or test refusal to request a DUI Drivers License Hearing. The Certifying Officer 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 . 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 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 Johnson County District Court adjudicates cases filed by State Agencies, which include tickets issued by the Kansas State Highway Patrol, Johnson County Sheriff's Office, and Johnson County 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.
What are Felony DUI Charges in Johnson County?
Felony DUI cases (Third or subsequent) are dismissed at the City level and 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.
Johnson County Information
Johnson County is has a population of about 550,000, making it the most populous county in Kansas. The county seat is Olathe; Johnson County was the site of contention and fighting between 'Jayhawker' abolitionists and pro-slavery advocates during the period known as 'Bleeding Kansas' . In 1863 during the Civil War, Confederate guerrillas known as 'Quantrill's Raiders' , raided the Johnson County communities of Olathe and Spring Hill, and nearby Lawrence.
Johnson County District Court is the 10th Judicial District of Kansas. The District Court 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.
Johnson County Resources:
Johnson County Courthouse
150 W. Santa Fe St.
Olathe, Ks., 66061
Johnson County Court Resources: https://courts.jocogov.org
Johnson County Jail: https://www.jocosheriff.org/public-information/inmate-search