Appeals & Post-Conviction

Appeals & Post-Conviction

Wednesday, January 14, 2015

A DUI/ DWI Charge Actually Initiates Two Separate Cases Against the Driver, Often Taking Place in Separate Courts in the Kansas City Area. Part Two - The Administrative Case.

It is important to understand the administrative case potentially facing you.

Earlier we discussed the criminal case as it pertains to driving under the influence of alcohol or drugs in the Kansas City area.  It is important to remember that whatever you think you know about DUI/DWI, a veteran Kansas City criminal attorney knows more.

Let us now address the administrative case.  This is where the State division of motor vehicles attempts to suspend your driving privileges, i.e., take away your license for a specified period of time.  It is often referred to as your "admin. hearing" by most lawyers.  In that hearing, there is a fight over whether the officer who stopped your vehicle made all appropriate determinations leading to evidence indicating you were driving while under the influence of drugs or alcohol.  While many lawyers focus on the "legality" of the officer's decision to pull your car over, the determination in these proceedings is instead whether observations and evidence support a conclusion of a drunken or altered state while operating the car.  In other words, the focus is on the driver's condition, not on the driver's driving performance.  Like with the criminal side of your DUI charge, the administrative penalties (the duration of a driving suspension) vary according to your prior record, i.e., driving history.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been accused of a DUI or DWI in the greater Kansas City area do not hesitate.  Visit his website at www.kansascitymoattorney.com and then pick up the phone and give him a call (816) 421-5200 for a FREE initial legal consultation.

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