Alcohol & Drugs: DUI, DWI Driving with a suspended license in Kansas

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NebLegalProbs

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Here's the deal: Back in September I received a DWI in Nebraska (my home state) and have since had my license suspended for just under 2 months now and am on my way to completing my 6 months of probation. At the beginning of this month I took a trip down to Texas with a close friend. When returning from Texas my friend became exhausted of driving, so I told him I would drive for a while to allow him to sleep and avoid any risk of him falling asleep at the wheel. After driving for a while I was pulled over for speeding in Wichita, KS by highway patrol. After learning that my license was suspended the officer wrote me a warning for speeding and a citation for driving with a suspended license. He made my friend take over driving for the remainder of the trip and let us go. After researching online I found that this charge is a class B non-person misdemeanor in Kansas but I cannot seem to find out what sort of punishment I am facing. I plan to plea guilty considering there is no denying that my license is suspended in Nebraska. My question is can anyone tell me what to expect?
 
The GENERAL rule is that such misdemeanors carry a fine of some kind (around $500 or so) plus up to less than a year in the county jail (around 6 or 8 months or so). In addition, if you plead guilty, your driver's license will be further suspended. If you are on probation, you have probably violated it and could have your sentence imposed.
 
You said if I plead guilty my license will be further suspended, so what if I try to fight it? I know my license is suspended and I was driving, but if it was the SAFEST alternative then is there a chance of getting off easier? The highway patrol officer that pulled me over wasn't sure if I'd even have to appear in court. He thought that I may just be able to get off with a fine. My DWI is the only blemish on my record and I know that it was a stupid mistake, but to make a clear minded decision to drive as opposed to risking my life, and the lives of my friend and those around me... I don't see how that is a bad decision.
 
Q: I know my license is suspended and I was driving, but if it was the SAFEST alternative then is there a chance of getting off easier?

A: The judge will not think a suspended driver taking control of the car was a good idea.
 
So in other words, the judge would think that it is better for someone falling asleep at the wheel to be driving than someone who has driving training and experience that won't fall asleep?
 
Q: So in other words, the judge would think that it is better for someone falling asleep at the wheel to be driving than someone who has driving training and experience that won't fall asleep?

A: Of course not. The judge would think it would be better to stop driving!
 
Unfortunately that wasn't really an option. Between my friend needing to get home so he could be on time to work and my son being sick... getting home on time was the only goal. In your general rule for sentancing, are there any sort of exceptions made for people that are from out of state? Besides 6-8 months in a county jail seems sort of harsh considering my DUI (also a misdemenor) would have only put in me the county jail for 7 days. Hopefully someone with knowledge of the Kansas legal system can comment...
 
Q: In your general rule for sentancing, are there any sort of exceptions made for people that are from out of state?

A: No. That would be blatantly unconstitutional.
 
Unconstitutional? It happens all of the time!
For example, a close friend of mine who lives in Nebraska was arrested for DWI in KC, Missouri which is considered to be a misdomeanor with "minimum" sentancing of 30 days in jail, a $500 fine, 5 months probation following incarseration, and 3 months suspended license. He explained the situation to the DA's office in KC and they told him the fine was $350. He sent a check and hasn't heard boo since.
 
Unconstitutional? It happens all of the time!
For example, a close friend of mine who lives in Nebraska was arrested for DWI in KC, Missouri which is considered to be a misdomeanor with "minimum" sentancing of 30 days in jail, a $500 fine, 5 months probation following incarseration, and 3 months suspended license. He explained the situation to the DA's office in KC and they told him the fine was $350. He sent a check and hasn't heard boo since.

Thanks for the update.
 
Thanks for the update.

I don't even know what that is supposed to mean. That is not what happened to me. If it was then I wouldn't be on probation and my license would not be suspended. My license was however suspended due to a DWI in Nebraska. I was merely pointing out that your statement of it being unconstitutional is bs and has no merit.
 
I don't even know what that is supposed to mean. That is not what happened to me. If it was then I wouldn't be on probation and my license would not be suspended. My license was however suspended due to a DWI in Nebraska. I was merely pointing out that your statement of it being unconstitutional is bs and has no merit.

How many constitutional law cases have you handled?

How many constitutional law classes have you had?

Do you know what part of the constitution your idea violates?
 
How many constitutional law cases have you handled?

How many constitutional law classes have you had?

Do you know what part of the constitution your idea violates?

Are any of those questions relevant? The law says one thing then does another, and it applies differently to different people. Unconstitutional or not, the point is that there are instances in which the constitution is not followed to a T. Frankly I don't care if you are a judge, lawyer, or some random Joe that likes to pretend that he knows something about the law; any post you put out here is to be taken as an opinion. Credentials are not posted on forums like this and even if they were there would be no way to prove their validity. Honestly, no I have not wasted my time with constitutional law classes or cases but you can't prove that you have any more education/experience than me.
In fewer words, thank you for sharing your opinion but I was hoping to hear from someone that has been in the same boat as me or someone with more direct experience handling these sort of cases in Kansas. Thanks again!
 
You're welcome.

Be sure to post back when you find out I was right.
 
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