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Kansas Felony DUI (4th)

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#1 popi12


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Posted 10 January 2013 - 01:30 PM

My son is a Disabled Veteran, Medically Retired- Oct 2012. He was severly wounded in a mortat and rocket attack on his basecamp, outside Mosul, Iraq. He was 6-10 feet away from impact area. Severe wounds to legs, stomach, chest collapsed both lungs retain 14-18 pieces of shrapnel in Right lung, half a dozen in the left. Two peices 1cmx2cm in his heart. One in the center of all 4 chambers, and one ine the paracardium. He also has been diagnosed with sever PTSD, and medium to severe Traumatic brain injury.
He was wounded in Oct of 2006. He was finally sent back to the states a month later after coma. Then back to home station Jan of 2007. He got his 1st DUI in Aug 2007, got diversion and went to tratment at the VA. 2nd DUI FEB 2008, 3rd-Jan 2011. After the 3rd He was a new man or we thought; he was going to PTSD GROUP at the VA Once a Week, and AA 5-6 times per week. His wife got ill in late Oct 2012, and it became serious secondary PTSD by the middle of Dec.2012. Instead of her being his caregiver he became hers. DEC 22 he was finishing his Christmas shopping and stopped for supper, I don't know what made him do this, but he drank 2 beers. Left to go home and was rear ended. He was in his daughters car With out interlock. Field bac was 1.16 He made it 23 months clean and sober! What is severe - minimum punishment one could expect. He has never been in trouble with the law; he is 49 years old and had a 29 year carreer in the ARMY. He just began getting these DUI's after his return from his second deployment.

#2 Guest_FindLaw_Amir_*

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Posted 10 January 2013 - 01:39 PM

You may want to read the Kansas Statute: 8-1567: Driving under influence of alcohol or drugs; blood alcohol concentration; penalties as a good resource. Also, if your son has not done so already, he may want to consult with a local Kansas DUI Lawyer to advise him of his rights.

#3 Guest_FindLaw_Amir_*

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Posted 10 January 2013 - 01:40 PM

I also suggest you visit the DUI Law Center and read DUI Charges as a good resource to learn more about this subject matter.

#4 GuessAgain


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Posted 10 January 2013 - 01:56 PM

He has never been in trouble with the law; he is 49 years old and had a 29 year carreer in the ARMY. He just began getting these DUI's after his return from his second deployment.

4 DUI's in less than 6 years IS serious trouble with the law. DUI's are not minor traffic offenses. In answer to your question, AHK provided you a link to the DUI statute. See subsection (g): "(1) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this paragraph may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program."

#5 Tax_Counsel


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Posted 11 January 2013 - 12:44 AM

There is another possible problem in addition to the penalties for the 4th DUI. You mentioned that his 3rd DUI conviction was January 2011 and that at the time of the accident he drove a car without an ignition interlock device (IID). Upon the 3rd conviction for DUI, Kansas statute section 8-1014(b )(1)(B ) requires that the court suspend his right to drive for one year and that after that he is restricted for an additional year to driving only vehicles with an IID installed. So it appears he was still under the requirement to drive only cars with an IID installed. Driving a vehicle without an IID installed during the restricted period is a separate offense, a class A nonperson misdemeanor. See Kansas Statute section 8-1017. Under Kansas statute section 21-4502, the penalty for that is up to a year in the county jail.

He really needs to get assistance from a lawyer for this. The felony DUI and the misdemeanor for the IID violation may result in him spending some significant time behind bars. He is to be commended for his service to his country, and I'm sorry to hear of the injuries he suffered from that service. He’s apparently been through a lot, and that’s unfortunate. That background might help him at the time of sentencing if convicted, but won’t be admissible at the trial when determining guilt. The problem is that when sentencing him, the court would also consider that he’s had 3 prior convictions and he still hadn’t got the message that he should not drink and drive. The violation of the IID restriction also suggests he doesn’t take the terms of his sentence very seriously. In my experience most judges don’t like defendants who repeatedly violate the law and don’t follow court orders. They tend to sentence those defendants more harshly hoping to make the point that this kind of behavior isn’t tolerated. A skilled attorney can help him get the best possible outcome out of this, but that best possible outcome might still be some time in jail or prison, though perhaps less than he’d get without legal help.

He also will need to do something to stop the drinking for good. If he gets a 5th DUI conviction, the state will permanently revoke his license and he will never get to drive again. No state will give him a license while his license is revoked in Kansas, so moving out of state wouldn’t help with that. That’s in addition to the other serious penalties, including prison time, that he’d face. Not having a driver’s license will limit him in a number of ways, from what jobs he’ll be able to get to where he can live and still access things he needs for living like grocery stores, etc.

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