In many criminal cases there is an opportunity to negotiate with the prosecutor and plea to a lesser charge (with lesser penalty, fees and/or fines). However, in the case of DUIs in Kansas, that is simply not an option. That is because, in Johnson County, Kansas and across the state, the following law is in place:
K.S.A. 8-1567 (b)(1)(m)
“No plea bargaining agreement shall be entered into nor shall any judge approve a plea bargaining agreement entered into for the purpose of permitting a person charged with a violation of this section, or a violation of any ordinance of a city or resolution of any county in this state which prohibits the acts prohibited by this section, to avoid the mandatory penalties established by this section or by the ordinance.”
This law makes it illegal for the prosecutor to even offer/agree to a plea bargain in these cases. To fully understand how harsh Kansas is on DUI charges we offer you this comparison: you can be offered a plea on a murder charge but, you cannot be offered one for a DUI. You have more questions and we have the answers. Call Attorney T. Morton now 913.602.7288. Just accepting the DUI is not the only answer. Payment plans are available.
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