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Kansas City Office:
Liberty Office:
EMAIL:
Phone: 1-816-842-9009
FAX: 1-816-221-8040
Address:
1125 Grand Ave
Suite #2020
Kansas City, Mo 64106
Phone: 1-816-792-8898
FAX: 1-816-221-8040
Address:
1201 W. College
Suite 200
Liberty, MO 64068
info@kclawinfo.com
In Kansas and Missouri, and officer is supposed to take your license if you are charged with DUI/DWI. The Department of Revenue will allow you an administrative hearing to determine whether or not your license should be suspended.
2. Should I request an adminstrative hearing?
Yes! Whenever an officer stops you for a DUI/DWI in Kansas or Missouri, the officer will take your license and send it to the Department of Revenue. You have ten (10) days in Kansas to request an administrative hearing. You have fifteen (15) days in Missouri to request an adminstrative hearing.
If you fail to request a hearing in the time allowed by law, you will automatically be suspended for a set period of time. The only way the avoid the automatic suspension is to request the hearing. If you are within the time allowed, and you hire us, we will request the hearing on your behalf.
3. Should I request an administrative hearing if I refused the breathalyzer test?
Absolutely! If you refuse to take a breath, blood, saliva or urine test, you still need to request the administrative hearing. It is the only hope of saving your license.
4. What if I didn't request the administrative hearing in time?
You can file a petition in the state court to have a judge determine whether the Department of Revenue rightfully suspended your license. You need to hire an attorney to do that.
5. If I am arresetd for DUI/DWI, what rights do I have?
If you are stopped for DUI/DWI, you have the traditional "Miranda" rights. Those are the right to remain silent and the right to an attorney. You also have the right to refuse to take a breathalyzer test, however, it will result in the revocation of your license unless you take the appropriate steps to prevent that action.
6. Once I am told my rights, can I be questioned?
The short answer is "yes." You have the right not to answer questions, too.
7. I signed the ticket. Does that mean that I admitted to the DUI/DWI charge?
No. Signing the ticket merely acknowledges that you received the ticket and you know that you are expected to appear in court.
8. When should I see a lawyer?
As soon as possible! That will allow your attorney to fully investigate the case and preserve any evidence that may be helpful to your defense.
9. Will I go to jail for DUI/DWI?
There are never any guarantees. In many instances, however, we can keep a person from going to jail. In some cases, we can also keep the DUI/DWI from showing up on your record. See "The Verdict" for examples of our success in defending clients.
10. Will the DUI/DWI affect my insurance rates?
Almost without exception. There are some instances where we can prevent the charge from becoming a part of your driving record.
11. What should I expect to happen as a result of the DUI/DWI charge?
This question is very tricky. A lot of what happens in a case depends on what the officer writes in the report, what you remember about the events, what any witnesses saw and heard, and whether there is a videotape of the stop.
The sentence can include probation, community service, an alcohol or drug counseling class, fines, house arrest, or even jail time.
In some instances, we can convince a prosecutor to offer diversion. For specific examples, see "The Verdict." Additionally, we have negotiated plea bargain agreements where the client was never convicted and was able to keep the DUI/DWI off his/her driving record.
12. What is bail and how is it set?
Bail is money that you give the court in return for your release. It is a promise that you will appear when you are scheduled for court. If you fail to appear, the judge will put out a warrant and you will be compelled to post bond again. The bond is usually set according to the type of offense you are accused of committing.
13. Who maintains arrest records and what do they include?
Arrest records are maintained by the FBI. The record includes the reason for the arrest, as well as any finding of guilt. There are some situations where you can have an arrest and/or conviction removed from your record (expungement).
14. Will the DUI/DWI show up on my driver record?
As previously mentioned, there is always the possibility that the Department of Revenue will take administrative action to suspend your license. If that happens, there will be a record of the suspension.
Additionally, if you are convicted of DUI/DWI, that conviction will also appear on your record. In spite of these actions by the Department of Revenue, there are some ways to remove the administrative suspension and the DUI/DWI conviction from your record.
15. When can an officer search me or my car?
An officer is allowed to search you and/or your car in certain situations. If you are arrested, the officer has a right to search you, your vehicle, and your personal effects. An officer can also search you and/or your car if you give the officer permission. We always advise clients not to give permission for a search.
16. How much will you charge me to handle my DUI/DWI case?
Our fee is based on the services provided. We do not charge by the hour nor per court appearance. We charge a flat fee, which means you will not pay more than the amount we agree upon when you visit our office. When we handle a DUI/DWI case, we consider the companion tickets, your prior record, and the place where you are going to court. Please call us to discuss fees in greater detail.