Questions Answered by Brian Leininger

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

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Oct 17, 2018
Brian Leininger's answer
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 good reason for this. It’s also possible you have fallen through the cracks. The best option is to wait. You don’t want to ask a bunch of questions and cause them to look.

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

1 Answer | Asked in DUI / DWI for Kansas on
Answered on May 10, 2018
Brian Leininger's answer
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.

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

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Feb 19, 2018
Brian Leininger's answer
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 often when the breath test result is not much under .08.

A driver can also be charged with driving under the influence of drugs, whether it is illegal drugs or prescription drugs. Even a driver...

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

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on
Answered on Sep 26, 2017
Brian Leininger's answer
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.

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

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on
Answered on Sep 18, 2017
Brian Leininger's answer
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.

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

1 Answer | Asked in Traffic Tickets for Kansas on
Answered on Aug 18, 2017
Brian Leininger's answer
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.

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

1 Answer | Asked in DUI / DWI for Kansas on
Answered on Aug 17, 2017
Brian Leininger's answer
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.

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

1 Answer | Asked in Traffic Tickets for Kansas on
Answered on Aug 13, 2017
Brian Leininger's answer
Yes, absolutely.

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

1 Answer | Asked in Traffic Tickets for Kansas on
Answered on Aug 13, 2017
Brian Leininger's answer
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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