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Kansas law permits expungement of certain convictions, adjudications, arrest records, and diversion agreements. Once an eligible offense is expunged, a person must be treated as if he has never been arrested for, convicted of, or diverted from the expunged crime. Though the expunged offense will still be considered when determining criminal history in any subsequent…

Joseph, Hollander & Craft LLC has elected Jess Hoeme as a Member of the firm. Hoeme, a former Mitchell County Attorney and Shawnee County Assistant District Attorney, joined the firm in 2011 as a criminal defense attorney. Hoeme knows Kansas courtrooms well, having handled cases in 70 of Kansas’s 105 counties. “We are pleased to…

A diversion is an agreement with the prosecutor in which the prosecutor agrees to dismiss your case if you complete certain requirements. The requirements usually include paying a diversion fee and court costs, obtaining an alcohol evaluation and following the evaluator’s recommendations, and not committing any other crimes. If you comply with the requirements for…

Standardized Field Sobriety Tests The National Highway Traffic Safety Administration has adopted standardized field sobriety tests (“SFTS”) that may produce reliable indications of intoxication. But they are only reliable if police administer the tests correctly. The three SFTS tests and the “clues” that law enforcement officers look for are based on the premise that intoxicated…

The following summaries describe recent cases handled by our DUI attorneys. They are not offered to predict success in your case, nor do they provide a comprehensive account of all of our recent cases. They are offered solely to provide a sample of the type of cases that we handle: May 2013 — Our client…

This year, as it has for several prior years, the Kansas Legislature has made even more changes to the state’s DUI laws. The changes made during this past legislative session were small, but they will have a big impact. The following changes will take effect on July 1, 2015: House Bill 2159 amended the time…

Client hired the DUI Defense Team after trying to navigate through the Kansas Department of Revenue’s Driver Control bureaucracy. After a stop on suspicion of DUI, a law enforcement officer arrested Client for DUI and demanded that she submit to a breath test. Client attempted twice to give a breath sample for testing, but, due…

On January 30, 2015, the Kansas Supreme Court issued an opinion in Wichita vs. Molitor. Mr. Molitor was pulled over for suspicion of driving under the influence (“DUI”). He failed the horizontal gaze nystagmus (“HGN”) test but passed the walk-and-turn test and one-leg stand test. The officer requested a preliminary breath test (“PBT”), which Mr….

When the weekend approaches, many people make plans to hit the town, saying “TGIF.” However, if they’re not careful, they could end their nights with another acronym: DUI. Since Jan. 1, 287 Operating Under the Influence charges have been filed at the Lawrence municipal court, court manager Vicki Stanwix said. At the Douglas County District…

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