To Avoid Serious Consequences for 2nd or 3rd Offenses, It Is Important to Strenuously Defend Your First DUI
Interviewer: This tells me that in Kansas, DUI is a serious offense, even if it’s your first offense. You’ll always have a choice to try to get a public defender or just give up and plead guilty. If you plead guilty however, you’re setting yourself up for a lot of potential problems down the road if you don’t work very hard to avoid that first conviction.
Paul: You are correct, and that’s one thing that I really try to focus on my practice. I tell my clients this, and this is not idle talk. I prepare every single DUI case in my practice for trial, whether it goes to trial or not.
I have represented clients on number two and three DUIs, I’ve represented people on motions to revoke diversion, and we look at the prior underlying case, and many times there were legitimate, if not strong fact or legal defenses that prior counsel simply did not pursue.
Kansas Does Offer a Diversion Program for First DUI Offenders but It Will Be Considered a DUI on Your Record
I think there’s tendency for people who are eligible for diversion to just jump on diversion and sign the diversion contract and move on down the road. That diversion contract will be scored as a prior offense if you are ever unlucky enough to be in that field sobriety check lane or out during the police saturation patrols.
In Some Situations, Acceptance of the Diversion Program Was Not the Best Option When the Case Was Defensible in Court
That diversion is going to be there, and there’s nothing more frustrating than having a past diversion enhance the current DUI charges when there was a very legitimate fact defense or a legal defense that just was not properly explored and discussed with the client in the prior case.
I tell people I like to try as many first offense cases as second and third defense cases because we don’t want to just stipulate to this diversion, thinking it’s a great opportunity, only to have that follow them around and cause serious problems in four or six or even nine years.
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.
Call today for free consultation to discuss your case: (913) 322-3265. I represent clients facing serious criminal and DUI charges throughout the Kansas City Metro area including the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee. As your criminal defense attorney, I strive to work harder to ensure the best possible outcome in your case.
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