It's DUI Friday once again in at the Manhattan, KS Attorney office. Today is all about Driver's License Hearings in Manhattan, KS, also known as Administrative Hearings.
I've written about Administrative Hearings for a Drivers License in Kansas a number of times. It's the hearing that you must request within 14 days of receiving your DUI. (I know that link shows 10 days but that's the old time period).
You must also submit a $50.00 application fee at the time you send your request to the Department of Revenue, Kansas Driver Control Bureau. This administrative hearing is the due process that Kansas must afford you before they revoke your driving privileges. If you don't request this hearing in the manner specified, then they will automatically revoke your driving privileges.
At a Kansas Drivers License Hearing, the officer that arrested you for your DUI should be present. If the officer which signed the certification regarding your preliminary breath test does not show then you, or your attorney, should jump up and down for a dismissal of the certification.
The other ways to have the certification dismissed (which usually means you get to keep your driving privileges) is to find errors which may be fatal to the officer's certification.
Do hire an experienced DUI attorney to inspect your certification and represent you at your administrative hearing, contact a lawyer in the Manhattan, KS area today for a free case evaluation.
Friday, August 10, 2012
Tuesday, August 7, 2012
Getting Back Your Driver's License in Kansas
In Kansas, when you receive a minor in possession (MIP) or a DUI, you are obligated to show up for your hearings or have a lawyer appear in your place. When you don't appear, or have an attorney appear for you at your initial appearances for things such as a DUI in Manhattan, KS Municipal Court a bench warrant will be issued. Once a warrant is issued, your license will be suspended for your failure to appear.
When your license is suspended in Manhattan, KS Municipal Court it obviously creates a problem for you, specifically, to be able to go to the Court to get your driver's license reinstated. When you hire an attorney in Manhattan, KS that attorney can usually appear for you and obtain a bond amount or an O.R. bond. An O.R. is an own recognizance bond and you need only supply your current address to obtain. A cash or surety bond requires payment to bail bondsman or a cash surety be placed which will be returned to you when you appear for your hearing.
It's also important to note that once your driver's license is suspended you must pay an $82.00 reinstatement fee to get back your driving privileges.
If you are out of state or otherwise unable to make it to court for your initial appearance or any appearance there after, it's important to have a knowledgeable attorney in Manhattan, KS that can assist in preserving your driving privileges and your rights at trial. Contact the Manhattan, KS attorney today for free case evaluation.
When your license is suspended in Manhattan, KS Municipal Court it obviously creates a problem for you, specifically, to be able to go to the Court to get your driver's license reinstated. When you hire an attorney in Manhattan, KS that attorney can usually appear for you and obtain a bond amount or an O.R. bond. An O.R. is an own recognizance bond and you need only supply your current address to obtain. A cash or surety bond requires payment to bail bondsman or a cash surety be placed which will be returned to you when you appear for your hearing.
It's also important to note that once your driver's license is suspended you must pay an $82.00 reinstatement fee to get back your driving privileges.
If you are out of state or otherwise unable to make it to court for your initial appearance or any appearance there after, it's important to have a knowledgeable attorney in Manhattan, KS that can assist in preserving your driving privileges and your rights at trial. Contact the Manhattan, KS attorney today for free case evaluation.
Friday, August 3, 2012
DUI Friday - K-State Edition
It's once again time for DUI Friday. In last week's DUI Friday we talked about what it means when you get a first, second, or third DUI. This week it's all about the driver's license hearing.
The driver's license hearing, or administrative hearing, is the hearing which you must request within 14 days of your getting a DUI in Manhattan, KS. You must also send in a $50.00 administrative hearing request fee.
All these things are outlined in fine print for you on the back of your DUI ticket, however few people actually read, acknowledge, or understand what they need to do to preserve their driving privileges. What I mean when I say "to preserve your driving privileges" I mean that if you don't send in an Admin hearing request within the allotted time, and with the $50.00, you driver's license is immediately suspended.
When you live in Kansas, commuting via motor vehicle is essential to carry out general business. Our populations are too spread out and our public transportation system far to ineffective and inefficient to get you where you need to go. Losing your driver's license in Kansas because of DUI often means you must bother coworkers or family members to get you to work and back or otherwise you're forced walk vast distances daily to maintain your livelihood.
If you're facing losing your driver's license in Kansas because of a DUI, contact a lawyer in Manhattan, KS that can preserve your driving privileges and protect your rights as soon as possible.
And my final words to you K-Staters coming back to classes for fall semester: Don't use campus as a shortcut or as "back roads" on your way home at 2 a.m.
The driver's license hearing, or administrative hearing, is the hearing which you must request within 14 days of your getting a DUI in Manhattan, KS. You must also send in a $50.00 administrative hearing request fee.
All these things are outlined in fine print for you on the back of your DUI ticket, however few people actually read, acknowledge, or understand what they need to do to preserve their driving privileges. What I mean when I say "to preserve your driving privileges" I mean that if you don't send in an Admin hearing request within the allotted time, and with the $50.00, you driver's license is immediately suspended.
When you live in Kansas, commuting via motor vehicle is essential to carry out general business. Our populations are too spread out and our public transportation system far to ineffective and inefficient to get you where you need to go. Losing your driver's license in Kansas because of DUI often means you must bother coworkers or family members to get you to work and back or otherwise you're forced walk vast distances daily to maintain your livelihood.
If you're facing losing your driver's license in Kansas because of a DUI, contact a lawyer in Manhattan, KS that can preserve your driving privileges and protect your rights as soon as possible.
And my final words to you K-Staters coming back to classes for fall semester: Don't use campus as a shortcut or as "back roads" on your way home at 2 a.m.
Tuesday, July 31, 2012
Manhattan, KS Car Accidents
Here at the Manhattan, KS Attorney office, we have experience in handling personal injury and wrongful death actions that involve complex legal and factual analysis. When you're in a car accident in Manhattan, KS the proper venue for an action for personal injury is in Riley County District Court.
In a car accident, your damages could be significant and it's important to know that you don't have to go to Topeka for a quality personal injury attorney in Northern Kansas. Getting a lawyer who is familiar with the local rules procedures in Riley, Pottawatomie, or Geary Counties can give you the advantage you need going up against big insurance companies to get what you deserve after you've been injured.
If you've been involved in a car accident or other motor-vehicle accident in the Manhattan, KS or Geary County areas, call a Manhattan, KS attorney that will give you the personal attention your individual case needs.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
In a car accident, your damages could be significant and it's important to know that you don't have to go to Topeka for a quality personal injury attorney in Northern Kansas. Getting a lawyer who is familiar with the local rules procedures in Riley, Pottawatomie, or Geary Counties can give you the advantage you need going up against big insurance companies to get what you deserve after you've been injured.
If you've been involved in a car accident or other motor-vehicle accident in the Manhattan, KS or Geary County areas, call a Manhattan, KS attorney that will give you the personal attention your individual case needs.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Friday, July 27, 2012
DUI Friday
Picking up from last weeks DUI Friday, we are talking about the court procedure after you've been charged and what to expect from the Manhattan, KS courts.
If it's just your first DUI you usually qualify for diversion. Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you. After your initial appearance, a diversion conference is usually set up a few weeks down the line. During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference.
If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court. Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest. If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.
On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court. Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges.
Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.
If it's just your first DUI you usually qualify for diversion. Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you. After your initial appearance, a diversion conference is usually set up a few weeks down the line. During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference.
If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court. Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest. If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.
On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court. Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges.
Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.
Wednesday, July 25, 2012
Pottawatomie County Criminal Charges
One of the complications of living in Manhattan is the close proximity of Pottawatomie County. The county line between Pottawatomie County and Riley County essentially runs down Tuttle Creak Blvd. This means a fair portion of the business that serve Manhattan, KS are actually in Pottawatomie County.
When an alleged crime is committed in Pottawatomie County, you must go to Westmoreland, KS to the Pottawatomie County District Court. This can be very inconvenient as the drive takes about a 30-minutes from Manhattan.
The rules are different in Pottawatomie County District Court for certain things such as applying for diversion. For example, for an MIP in Manhattan, applying for a diversion is free. In Pott County, there is a $10.00 diversion application fee which must be paid at the time you apply for diversion or it won't be accepted.
Someone who is a resident or is just visiting the Manhattan, KS area could find themselves in any of the three Courts: Pott County District Court, Riley County District Court, or Manhattan Municipal Court. Naturally, things can get complicated in a hurry.
Be sure to speak with a Manhattan, KS attorney who is familiar with the unique rules of each court who can also help you get clarity when things get complicated and assist in resolving your legal matter
When an alleged crime is committed in Pottawatomie County, you must go to Westmoreland, KS to the Pottawatomie County District Court. This can be very inconvenient as the drive takes about a 30-minutes from Manhattan.
The rules are different in Pottawatomie County District Court for certain things such as applying for diversion. For example, for an MIP in Manhattan, applying for a diversion is free. In Pott County, there is a $10.00 diversion application fee which must be paid at the time you apply for diversion or it won't be accepted.
Someone who is a resident or is just visiting the Manhattan, KS area could find themselves in any of the three Courts: Pott County District Court, Riley County District Court, or Manhattan Municipal Court. Naturally, things can get complicated in a hurry.
Be sure to speak with a Manhattan, KS attorney who is familiar with the unique rules of each court who can also help you get clarity when things get complicated and assist in resolving your legal matter
Monday, July 23, 2012
Standard Field Sobriety Tests
Standard Field Sobriety Tests are what the Riley County Police Department will administer to a person they suspect of driving under the influence. These are physical tests the officer will use to establish reasonable suspicion to make you take a preliminary breath test. These physical tests include the walk and turn, leg raise, nose touches, and alphabet recitals. Any RCPD officer worth his salt will typically orient his vehicle so that the in-dash video camera will record these physical tests. If the tests were recorded, a competent Manhattan, KS DUI attorney will always request and review these videos
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