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Questions Answered by Brian Leininger

1 Answer | Asked in DUI / DWI for Kansas on

Q: I am 22 and in F1 visa .I had my first dui with 0.126.i am confused btwn trial and diversion cnsdrng my h1 n green card

Which option between trial and diversion is better for my green card considering if police have all good proofs.i was in learners permit n i did no accident,just a Walmart guy smelled and complained cops they were waiting for me in parking till I start the car and drive.

Brian Leininger answered on Apr 1, 2019

Whenever there is an immigration issue involved it is a big deal. A lawyer cannot advise you as to what the best course of action is in you case until she or he looks at all of the evidence. I have handled DUI cases for dozens of immigrants over the years and I can tell that immigration issues are... Read more »

1 Answer | Asked in DUI / DWI for Kansas on

Q: I had a 3rd DUI 4 years ago in Johnson County, Kansas. Is there a statute of limitations in KS?

I completed all requirements for the first two including probation. I have not heard a word from the courts since I was charged in October of 2014. This, of course, would have been a felony.

Brian Leininger answered on Oct 17, 2018

The SOL is five years. First you want to make sure you didn’t miss a court date and there is a warrant for you. You can call the JOCO Sheriff’s Office for this. I have seen DUI cases in which there was a blood or urine sample sent to the lab that have taken years to get charged. There is no... Read more »

1 Answer | Asked in DUI / DWI for Kansas on

Q: I am on diversion for a KS DUI. The admini hearing rules against me in KS but didnt sus me in Mo. Am I ok to drive in Ks

I realize I cannot get a license in ks but drive there for work. If my Mo license isnt suspended do I risk going to jail in Ks for driving on their roads? I currently live in ks and should have a ks license but knowing Im ok if I lived on the MO side, I would move.

Brian Leininger answered on May 10, 2018

As long as you have a suspension in KS you are not legal to drive there, even if you have a valid license in another state.

1 Answer | Asked in DUI / DWI for Kansas on

Q: If someone passes the intoxilyzer 9000 and does not conduct a blood sample, is it still legal to give them a DUI?

Brian Leininger answered on Feb 19, 2018

Yes, it happens quite often. When you say "passes the Intoxilyzer" I assume you mean the person blew under .08. The officer can still charge the driver with DUI if the officer believes he or she is under the influence to the degree that he or she is incapable of safely driving. This happens quite... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on

Q: My husband opened and used a credit card account in my name, without my consent. What can I do?

Brian Leininger answered on Sep 26, 2017

Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on

Q: can a court appearance for Misdemeanor B (susp lic.-CA State) in Kansas driving be done by phone or paid for?

Person driving to move to Kentucky from California was stopped while speeding 8 mph over limit on highway 70 and given ticket, which was paid, then another ticket to appear in court for suspended Calif license. At time, she didn't know license was suspended, until stopped by KHP. She now lives in... Read more »

Brian Leininger answered on Sep 18, 2017

The driver, or an attorney on her behalf, will need to appear in court. Find a lawyer in the county where this occurred or nearby.

1 Answer | Asked in Traffic Tickets for Kansas on

Q: My son just got his third speeding ticket in four years - what's he looking at here?

Brian Leininger answered on Aug 18, 2017

If those are his only traffic violations over that period of time he is not looking at a license suspension. However, his insurance is likely to keep going up with each ticket. He should go to court to try to keep this off his record or get a lawyer to help him with it.

1 Answer | Asked in DUI / DWI for Kansas on

Q: I was tried by magistrate judge. Shouldnt it have been d.c. judge can i get new trial or case dismissed

Brian Leininger answered on Aug 17, 2017

If the Magistrate was a lawyer you do not get to appeal to a District Court Judge. If the Magistrate was not a lawyer you do have that right.

1 Answer | Asked in Traffic Tickets for Kansas on

Q: Can a bicyclist get a ticket for violating traffic rules?

Brian Leininger answered on Aug 13, 2017

Yes, absolutely.

1 Answer | Asked in Traffic Tickets for Kansas on

Q: How many traffic tickets can a person be issued in the State of Kansas before his license is suspended.

Brian Leininger answered on Aug 13, 2017

If we are talking about regular moving violations you will get suspended when you get four within a one-year period.

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