Time again for DUI Friday brought to you by Manhattan, KS attorney. Last DUI Friday we talked about second and third DUIs and the different punishments for each. We also talked about the likelihood of a diversion for your DUI.
This week we'll talk a little about the courtroom process once you've been charged with DUI. In Manhattan Municipal Court, the first hearing you have is your initial appearance/arraignment. This is the hearing which is usually noted on your citation as your appearance date. A Riley County Police Officer who arrests you will usually circle the address of the Manhattan Municipal Court on the back of your citation. (the yellow ticket you receive after arrest).
If you hire an attorney to represent you, they can show up for you at your initial appearance because it is not a substantive hearing. If you decide you do want to show up, that's fine, but it's only about a 5 minute hearing where your attorney will either request a status, or a diversion hearing a few weeks down the line.
After your initial appearance, your attorney should file discovery requests with the prosecutor. This should include a request for video, sobriety test results, and any other officer notes taken during or after the arrest. After a lawyer has looked over this discovery, they should be able to give you sound advice as to whether diversion is the right choice for you. If the evidence appears in your favor, it might be a case which you want to fight.
To have a knowledgeable attorney at your disposal who will give you a candid, honest evaluation of your case, contact a Manhattan, KS attorney for free consultation. We are prepared to fight for your rights when you've been charged with a crime.
*every case is different and you should not base your decision to hire an attorney on an advertisement or blog entry alone.
Friday, July 20, 2012
Wednesday, July 18, 2012
Don't Just Settle for a Diversion for a DUI
When you get a DUI in Manhattan, KS, Riley County, Geary County, or the surrounding areas, it's important to know that by entering into a diversion you agree to be found guilty if you don't successfully complete your diversion. This means that if you fail to abide by the terms of diversion, you will likely get the full punishment of being found guilty of DUI.
Before you agree to a diversion, you should have a DUI attorney obtain discovery on your case to evaluate whether your rights haven been violated. Otherwise, you might forgo your right to a trial when a trial would have been in your best interest.
Even if it turns out that, after review of the discovery, you still want to pursue a diversion, knowing that you have looked at the facts and circumstances surrounding your arrest will give you piece of mind to know that diversion was the right choice for you.
Contact a Manhattan, KS attorney today for assistance and a free consultation so you can know the options you have before you waive or forgo your rights.
Before you agree to a diversion, you should have a DUI attorney obtain discovery on your case to evaluate whether your rights haven been violated. Otherwise, you might forgo your right to a trial when a trial would have been in your best interest.
Even if it turns out that, after review of the discovery, you still want to pursue a diversion, knowing that you have looked at the facts and circumstances surrounding your arrest will give you piece of mind to know that diversion was the right choice for you.
Contact a Manhattan, KS attorney today for assistance and a free consultation so you can know the options you have before you waive or forgo your rights.
Tuesday, July 17, 2012
Junction City Municipal Court
Much like the Manhattan, KS Municipal Court, Junction City Municipal Court serves the city and presides over non-felony, misdemeanor and traffic infractions. The Court is located at 225 W. 7th Street in Junction City. The presiding Judge is Judge Powers.
The Manhattan, KS lawyer, despite the namesake, practices in Junction City and the Geary County District Court and is available to talk about and give you a free consultation regarding your legal matter.
The Manhattan, KS lawyer, despite the namesake, practices in Junction City and the Geary County District Court and is available to talk about and give you a free consultation regarding your legal matter.
Friday, July 13, 2012
DUI Friday, July 13th Edition
It's that time again! DUI Friday. Last week we left off talking about the Driver's License Administrative hearing in Kansas. Now on to the criminal aspect of a DUI.
The first DUI a person receives in Kansas is a misdemeanor. Your second DUI is elevated to a Class A misdemeanor. The penalty for a second DUI in Kansas includes 90 days to a year in prison and $1,000-$1,500 fine. The punishments for third and fourth DUI get worse from there. By your third DUI, you are charged with a felony and the minimum fine goes up to $1,500.
As of July 1, 2012, the law regarding the refusal of a breathalyzer test has changed dramatically. Now, when you refuse a breathalyzer, it is a misdemeanor offense that carries a fine comparable to the DUI itself.
If it is your first DUI, it's also likely that the Prosecutor, whether from Manhattan Municipal Court, or Riley County District Court, will offer you a diversion. Diversion is not a bad way to go, however, it does NOT mean that the DUI will stay off your record. Once you've had one DUI, it is very unlikely the prosecutor will offer you a diversion.
In any event, getting a DUI is something that no one wants to go through. If you have a DUI, you should talk to an attorney immediately to preserve your rights as well as your driver's license.
*this DUI Friday is brought to you by a Manhattan, KS Attorney and is not offered as legal advice. Choosing an attorney is an important decision and should not be based on a blog entry alone call us for a free consultation.
The first DUI a person receives in Kansas is a misdemeanor. Your second DUI is elevated to a Class A misdemeanor. The penalty for a second DUI in Kansas includes 90 days to a year in prison and $1,000-$1,500 fine. The punishments for third and fourth DUI get worse from there. By your third DUI, you are charged with a felony and the minimum fine goes up to $1,500.
As of July 1, 2012, the law regarding the refusal of a breathalyzer test has changed dramatically. Now, when you refuse a breathalyzer, it is a misdemeanor offense that carries a fine comparable to the DUI itself.
If it is your first DUI, it's also likely that the Prosecutor, whether from Manhattan Municipal Court, or Riley County District Court, will offer you a diversion. Diversion is not a bad way to go, however, it does NOT mean that the DUI will stay off your record. Once you've had one DUI, it is very unlikely the prosecutor will offer you a diversion.
In any event, getting a DUI is something that no one wants to go through. If you have a DUI, you should talk to an attorney immediately to preserve your rights as well as your driver's license.
*this DUI Friday is brought to you by a Manhattan, KS Attorney and is not offered as legal advice. Choosing an attorney is an important decision and should not be based on a blog entry alone call us for a free consultation.
Thursday, July 12, 2012
Manhattan, Kansas District Court and Manhattan, KS Municipal Court
In Manhattan, KS, like most cities, has a Municipal Court and a District Court. There is a difference, and it's important to understand what the difference is.
The Manhattan, KS Municipal Court serves the City of Manhattan and is the place of venue for traffic and misdemeanor crimes committed in within the city limits of Manhattan. Manhattan Municipal Court is on 610 Colorado Street near Manhattan Catholic School. The Municipal Court does not, however, handle felony criminal charges. It's likely, that if you get a DUI in Manhattan, KS, this is the court in which you will need to appear.
The Riley County District Court is the State Court which handles other, generally more serious, criminal matters. The Riley County District Court also handles the appeals from the Municipal Court. The District Court is located at 100 Courthouse Plaza which is in downtown Manhattan, KS at 5th and Poyntz. This is also the Court which handles divorces, small claims, juvenile crimes, personal injury claims.
Often, I am at the District Courthouse and get asked for the location of the Municipal court by someone who has come to the wrong courthouse. If you find yourself late for a 9:00 a.m. docket at the wrong courthouse, fear not, the Municipal Courthouse is just a few blocks South of the District Courthouse and shouldn't take more than 5 minutes commute.
If you find yourself in a position where you need to be at either courthouse, you might need to contact an lawyer to represent you. If this is the case, please call a Manhattan, KS lawyer in the area for knowledgeable, personalized legal service to help you solve your DUI, criminal charge, divorce, or personal injury.
*This blog is not meant to be legal advice and should not be taken as such, but is an informational service created by Manhattan, KS attorney. Hiring a lawyer is an important decision and should not be made on the basis of a blog alone.
The Manhattan, KS Municipal Court serves the City of Manhattan and is the place of venue for traffic and misdemeanor crimes committed in within the city limits of Manhattan. Manhattan Municipal Court is on 610 Colorado Street near Manhattan Catholic School. The Municipal Court does not, however, handle felony criminal charges. It's likely, that if you get a DUI in Manhattan, KS, this is the court in which you will need to appear.
The Riley County District Court is the State Court which handles other, generally more serious, criminal matters. The Riley County District Court also handles the appeals from the Municipal Court. The District Court is located at 100 Courthouse Plaza which is in downtown Manhattan, KS at 5th and Poyntz. This is also the Court which handles divorces, small claims, juvenile crimes, personal injury claims.
Often, I am at the District Courthouse and get asked for the location of the Municipal court by someone who has come to the wrong courthouse. If you find yourself late for a 9:00 a.m. docket at the wrong courthouse, fear not, the Municipal Courthouse is just a few blocks South of the District Courthouse and shouldn't take more than 5 minutes commute.
If you find yourself in a position where you need to be at either courthouse, you might need to contact an lawyer to represent you. If this is the case, please call a Manhattan, KS lawyer in the area for knowledgeable, personalized legal service to help you solve your DUI, criminal charge, divorce, or personal injury.
*This blog is not meant to be legal advice and should not be taken as such, but is an informational service created by Manhattan, KS attorney. Hiring a lawyer is an important decision and should not be made on the basis of a blog alone.
Tuesday, July 10, 2012
New Kansas DUI Law
On July 1st of this year a new DUI law in Kansas came into effect. This law changes the charges for refusing to provide a blood, breath, or alcohol test when you have a prior DUI charge or DUI diversion.
Now, when you refuse a blood alcohol sample, and it's been less than 10 years since your alcohol related driving infraction the first time it's a misdemeanor. The second time, a felony. This compounds your problems considerably because now, you have a DUI, an traffic infraction from failing or refusing a Preliminary Breath Test, AND a misdemeanor or felony if you refuse to incriminate yourself by providing a blood alcohol sample.
If you have a DUI or other alcohol related charge, it's important to contact an attorney to help explore your options and determine if your rights have been violated. Contact a lawyer in Manhattan, KS to help you evaluate your case.
Now, when you refuse a blood alcohol sample, and it's been less than 10 years since your alcohol related driving infraction the first time it's a misdemeanor. The second time, a felony. This compounds your problems considerably because now, you have a DUI, an traffic infraction from failing or refusing a Preliminary Breath Test, AND a misdemeanor or felony if you refuse to incriminate yourself by providing a blood alcohol sample.
If you have a DUI or other alcohol related charge, it's important to contact an attorney to help explore your options and determine if your rights have been violated. Contact a lawyer in Manhattan, KS to help you evaluate your case.
Monday, July 2, 2012
4th of July Celebrations and the Law
The 4th of July is almost here. Easily my favorite holiday. Unfortunately, it's a time when the combination of heat, celebration, and inebriation creates a volatile mix.
Part of many people's celebration of the 4th includes drinking alcohol and being at the lake or pool. Drinking in the hot sun can dehydrate you extremely fast and lack of hydration can cause symptoms similar to over-intoxication. Heat stroke is one of the most dangerous heat related injury and it's symptoms include nausea, vomiting, disorientation.
Another point of concern for the summer holiday season is the mixture of explosives and alcohol. Any nurse or ER doctor can testify that the number of burns and accidental firework related injuries goes up substantially over the 4th of July holiday.
Boating while intoxicated is a third area to be aware of over the holidays. In Manhattan, KS there's a number of nearby lakes and reservoirs to visit for the fourth. Tuttle Creek, Milford Lake, and Pottawatomie County Fishing lakes one and two all have the same laws as they relate to boating under the influence. Much like driving a vehicle, if you are boating you automatically consent to a preliminary breath test to test for blood alcohol. If you refuse, they automatically revoke your boating privileges.
Two final points: 1. The fourth of July is a time for celebration, family, fireworks, and fun. Like many major holidays, law enforcement agencies make it a point to conduct DUI Checkpoints to screen for drunk drivers during these times. 2. When you are firing off fireworks that are illegal for your area, it's a beacon for police officers. Don't get caught with a MIP AND an illegal fireworks ticket because you fired a few black cats in Manhattan, KS City Limits and brought attention to yourself.
This blog is not legal advice nor intended to be legal advice, it's simply information provided by Manhattan, KS Attorney.
Part of many people's celebration of the 4th includes drinking alcohol and being at the lake or pool. Drinking in the hot sun can dehydrate you extremely fast and lack of hydration can cause symptoms similar to over-intoxication. Heat stroke is one of the most dangerous heat related injury and it's symptoms include nausea, vomiting, disorientation.
Another point of concern for the summer holiday season is the mixture of explosives and alcohol. Any nurse or ER doctor can testify that the number of burns and accidental firework related injuries goes up substantially over the 4th of July holiday.
Boating while intoxicated is a third area to be aware of over the holidays. In Manhattan, KS there's a number of nearby lakes and reservoirs to visit for the fourth. Tuttle Creek, Milford Lake, and Pottawatomie County Fishing lakes one and two all have the same laws as they relate to boating under the influence. Much like driving a vehicle, if you are boating you automatically consent to a preliminary breath test to test for blood alcohol. If you refuse, they automatically revoke your boating privileges.
Two final points: 1. The fourth of July is a time for celebration, family, fireworks, and fun. Like many major holidays, law enforcement agencies make it a point to conduct DUI Checkpoints to screen for drunk drivers during these times. 2. When you are firing off fireworks that are illegal for your area, it's a beacon for police officers. Don't get caught with a MIP AND an illegal fireworks ticket because you fired a few black cats in Manhattan, KS City Limits and brought attention to yourself.
This blog is not legal advice nor intended to be legal advice, it's simply information provided by Manhattan, KS Attorney.
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