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Diversion & Treatment

Should I Pursue Diversion of my DUI Charges?

If you need the advice of a Kansas City DUI lawyer about whether you might qualify for an alternative to criminal prosecution on a drunk driving charge, contact my Overland Park DUI defense law firm for a free consultation.

Although most the states do not have a program for alternative approaches to disposing of DUI charges, Kansas law provides a DUI diversion program for qualified defendants, which may present an option to mitigate the risk you may otherwise face.

If you have never been convicted of DUI, have never before entered into a diversion contract following a DUI arrest, and were not involved in an accident or collision resulting in personal injury or death, you might be eligible to participate in a DUI diversion program under Kansas law.

Kansas DUI diversion is essentially a contract between the municipal or county prosecutor and the person facing DUI charges . The defendant gives up the right to a speedy trial and to a jury trial, and obtains in exchange the opportunity to avoid a DUI conviction. Most Diversion agreements require the following:

  • Payment of a fee for participation in the program
  • Participation in either an alcohol or drug safety action program or a drug or alcohol treatment program, or both
  • Refraining from the use of alcohol and drugs
  • Regular reporting to a Diversion coordinator or monitor to confirm continued compliance with the Diversion program

If you complete the Kansas DUI diversion program, the criminal charge of driving under the influence is dismissed. However, failure to complete the program and fulfill all of the terms of your diversion contract can result in reinstatement of the criminal case against you, no matter how much time has passed. Additionally, you will be tried on stipulated facts, which means that you will have no opportunity to cross-examine witnesses, present your own evidence, or mount any meaningful defense.

Watch this video to learn how Paul Cramm defends DUI and DWI defense and to see why you need his representation in your Kansas City Drunk Driving case.

 

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