Felony DWI Attorney in Olathe: Providing Help When Dealing With Serious Charges
If you are charged with DWI in Olathe, it’s a good idea to consult with a felony DWI attorney in Olathe and weigh your options.
It is obvious that getting convicted of driving while intoxicated can have serious repercussions. It involves more than just insurance points or even the Olathe DMV’s (Department of Transportation / Division of Motor Vehicles) suspension of your license. A felony DWI lawyer in Olathe knows that common punishments include:
- Community Service
- Court Fees
- Probationary Periods
- Alcohol Treatment Programs
These are all associated with convictions as well as jail time.
Additionally, DWI accusations carry a social stigma in Kansas. Nobody intends to be arrested for driving while intoxicated. Even clients have strong feelings regarding driving while intoxicated charges and an arrest. It makes sense, then, to wonder, “Is it possible for my DUI charges to be dropped?” A thorough examination by a felony DWI attorney in Olathe of Reasonable Suspicion, Probable Cause, and the Fourth Amendment is necessary to determine the answer.
In the event that my record is spotless, will they drop my charges?
In general, no.
A spotless driving record or a clean criminal record certainly won’t hurt, but a felony DWI lawyer in Olathe but this typically is not sufficient grounds to have your charges dropped or dismissed.
Driving while intoxicated is prohibited in Kansas. Judges and prosecutors in Olathe don’t just toss out DWI accusations because you’re a nice person.
To be honest, there are certain aspects of DWI charges that make it harder to have them dropped than others. They are scrutinized and need additional documentation. That is not to argue that DWI accusations lack legal defenses. It’s critical to distinguish between equitable and legal remedies.
Was the DWI Stop Justified?
A felony DWI attorney in Olathe specializing in driving under the influence typically employs the same methodology used by law enforcement to evaluate their cases and defenses. Your felony DWI lawyer in Olathe needs to know exactly what and how police officers are trained. It calls for more than just a general understanding of the big picture.
Police officers must, in general, have “reasonable suspicion” that something illegal or dangerous is taking place. Reasonable Suspicion is the term used by judges, prosecutors, and Kitchin Law Firm defense attorneys to describe that. It goes beyond a gut feeling or an ill-defined belief. When it comes to DWI accusations in Kansas, suspicion of criminal activity is based on actual, factual information.
A felony DWI attorney in Olathe could pose the query, “What caught the officer’s eye on your car?”
- Did you drive too fast?
- Did you find it difficult to stay in your lane?
- Did you straddle your lane while weaving?
- Did you follow other cars a little too closely?
- Did you make a sudden lane change?
- Did you get into any accidents?
- Did you react quickly enough to stop at red lights or green lights?
- Did you nod off while operating a vehicle?
For a legal finding of Reasonable Suspicion, all of that and more might be sufficient. However, the Court—the Judge who renders decisions on legal matters in Kansas—would probably pay close attention to the following:
- He had an odd appearance.
- Something didn’t seem quite right.
- She reminded me of someone I had pulled over for driving under the influence.
- Since everyone drives drunk on holidays, it was a holiday.
- I wanted to find out if they had been drinking since I was next to a bar.
In the event that the police officer is unable to provide sufficient evidence to satisfy the judge and establish Reasonable Suspicion, the “stop” of your car will be considered unlawful. Your felony DWI lawyer in Olathe may choose to file a motion to suppress evidence obtained as a result of an illegal stop. When there is insufficient evidence, DWI charges could be dropped.
Concerns About Suppression of Evidence Fall Under the Fourth Amendment
In the event that the police stopped your car without a valid reason, such as Reasonable Suspicion or Probable Cause to Stop, they may be able to suppress evidence. This might include results from Bbreathalyzer tests and dexterity tests, under certain conditions. That could be referred to as the “fruit of the poisonous tree” by Kitchin Law Firm DWI defense attorneys. Formally and technically, it is known as the Exclusionary Rule.
A felony criminal attorney in Olathe may decide to submit a pretrial Motion to Suppress evidence if there isn’t a good enough reason to stop you. Legal matters concerning Reasonable Suspicion and Probable Cause must be resolved “pre-trial,” or prior to the start of the case-in-chief, in accordance with Kansas DWI statutes.
Putting Standardized Field Sobriety Tests to the Test
The next question a felony criminal attorney in Olathe might ask is whether there was enough probable cause to make an arrest. Again, evidence of driving while intoxicated may be suppressed if the charging officer lacked probable cause. In Kansas, the Exclusionary Rule is also activated by Probable Cause issues.
When appropriate, charges are logically dropped in the absence of evidence of impairment. As such, when examining the grounds for an arrest, great thought must be given. An examination of the “SFSTs,” or Standardized Field Sobriety Tests, is frequently required for that.
According to guidelines released by the National Highway Traffic Safety Administration, or “NHTSA,” the three most popular “DWI dexterity tests” are the following:
- Horizontal Gaze Nystagmus or “HGN Test”
- One Leg Stand (balancing on one foot)
- Walk and Turn (heel to toe test)
A careful, in-depth investigation of your DWI charges by a felony DWI attorney in Olathe is necessary due to the potential consequences of a conviction for driving while intoxicated.
At Kitchin Law Firm, our DWI defense attorneys are committed to offering wise legal counsel, sympathetic legal counsel, and understanding for decent people who may have made a mistake. Working hard and paying close attention to the particulars of your DWI arrest in Olathe will help you find the answer to the very reasonable question, “Can I get my DWI charges dismissed?”
Olathe DUI, DWI, & Criminal Defense
Are you searching the Olathe area for a reliable DUI lawyer? If you need a repeat offender DUI attorney in Olathe, John Kitchin and his team at Kitchin Law Firm should be at the top of your list! Kitchin Law is widely considered one of the top organizations in Kansas and Missouri for criminal defense cases.
If you need a felony speeding ticket attorney in Olathe with a strong reputation, we are here to assist. You can depend on Kitchin Law Firm for guidance when it comes to DUI convictions, DWI accusations, MIP cases, speeding tickets, and more. If you need a speeding ticket attorney in Olathe to fight for you to keep your license intact, we’re ready to jump in. Don’t let these charges ruin your record. Contact our firm today.
John Kitchin is a felony criminal attorney in Olathe who provides clients with strong representation in the courtroom. John boasts a 25-year legal background and is an activist for justice. He was born and raised in Kansas City, Missouri, and his extensive experience in the legal system dates back to when he previously served as a Military Lawyer.
For all legal needs, Kitchin Law Firm is here to assist. We are based in Overland Park and have the resources to defend our clients’ rights. Whether you need a drug possession attorney in Olathe or assistance with a suspended license or DUI/DWI, you can count on us for dedicated representation. We care about you, and are willing to fight for your future, record, and rights.
Kitchin Law Firm
8101 College Blvd.
Overland Park, KS 66210.
As you navigate the upcoming challenges, let us be your legal partner through it all.