At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for Driving While Suspended crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in Criminal Damage to Property cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.
We know how important it is for an individual to avoid a criminal record which could affect their career regarding Driving While Suspended. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.
We handle Driving While Suspended cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.
CONTACT OUR OFFICE AND SPEAK TO A LAWYER TODAY. INITIAL CONSULTATIONS ARE FREE.
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Kansas Aggressive Driving While Suspended Criminal Defense
At O’Hara & O’Hara L.L.C. one of our areas of focus is Driving While Suspended Defense law. Driving While Suspended offenses can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients. The following is the Driving While Suspended statute for the State of Kansas:
8-262. (a) (1) Any person who drives a motor vehicle on any highway of this state at a time when such person’s privilege so to do is canceled, suspended or revoked or while such person’s privilege to obtain a driver’s license is suspended or revoked pursuant to K.S.A. 8-252a, and amendments thereto, shall be guilty of a class B nonperson misdemeanor on the first conviction and a class A nonperson misdemeanor on the second or subsequent conviction.
(2) No person shall be convicted under this section if such person was entitled at the time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person’s driver’s license.
(3) Except as otherwise provided by subsection (a)(4) or (c), every person convicted under this section shall be sentenced to at least five days’ imprisonment and fined at least $ 100 and upon a second conviction shall not be eligible for parole until completion of five days’ imprisonment.
(4) Except as otherwise provided by subsection (c), if a person: (A) Is convicted of a violation of this section, committed while the person’s privilege to drive or privilege to obtain a driver’s license was suspended or revoked for a violation of K.S.A. [A> 8-2,144 or <A] 8-1567, and amendments thereto, or any ordinance of any city or resolution of any county or a law of another state, which ordinance [A> or resolution <A] or law prohibits the acts prohibited by [D> that statute <D] [A> those statutes <A] ; and (B) is or has been also convicted of a violation of K.S.A. [A> 8-2,144 or <A] 8-1567, and amendments thereto, or [D> of a municipal <D] [A> any <A] ordinance [A> of any city or resolution of any county <A] or law of another state, which ordinance [A> or resolution <A] or law prohibits the acts prohibited by [D> that statute <D] [A> those statutes <A] , committed while the person’s privilege to drive or privilege to obtain a driver’s license was so suspended or revoked, the person shall not be eligible for suspension of sentence, probation or parole until the person has served at least 90 days’ imprisonment, and any fine imposed on such person shall be in addition to such a term of imprisonment.
(b) The division, upon receiving a record of the conviction of any person under this section, or any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this section, upon a charge of driving a vehicle while the license of such person is revoked or suspended, shall extend the period of such suspension or revocation for an additional period of 90 days.
(c) (1) The person found guilty of a class A nonperson misdemeanor on a third or subsequent conviction of this section shall be sentenced to not less than 90 days imprisonment and fined not less than $ 1,500 if such person’s privilege to drive a motor vehicle is canceled, suspended or revoked because such person:
(A) Refused to submit and complete any test of blood, breath or urine requested by law enforcement excluding the preliminary screening test as set forth in K.S.A. 8-1012, and amendments thereto;
(B) was convicted of violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage;
(C) was convicted of vehicular homicide, K.S.A. 21-3405, prior to its repeal, or section 41 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, involuntary manslaughter while driving under the influence of alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or involuntary manslaughter as defined in subsection (a)(3) of section 40 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, or any other murder or manslaughter crime resulting from the operation of a motor vehicle; or
(D) was convicted of being a habitual violator, K.S.A. 8-287, and amendments thereto.
(2) 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 subsection may be served in a work release program only after such person has served 48 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. The court may place the person convicted under a house arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment.
(d) For the purposes of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, “conviction” includes a conviction of a violation of any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this section.
At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced Driving While Suspended charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.
Proven Driving While Suspended Defense Results in Wichita, Kansas
We will defend you or your loved ones criminal case aggressively. Our experienced Driving While Suspended Defense Attorneys take pride in their work and their case results reflect their dedication to the client. If you’re wishing to restore your driving privileges, you need aggressive representation immediately.
Contact an Experienced Kansas Driving While Suspended Defense Lawyer
We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free Driving While Suspended consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.
Contact us at 316.263.5601 for a consultation to discuss your legal options regarding Driving While Suspended. Or stop by to visit us at our office at: 1223 East First Street – Wichita, Kansas 67214
