Robert C. Gigstad’s Answers

Robert C. Gigstad

Overland Park DUI / DWI Attorney.

Contributor Level 11
  1. My ex file a retraing order again and then i broke it by texting cause she were texting me first pls i need help with this

    Answered about 3 years ago.

    1. Robert C. Gigstad
    1 lawyer answer

    You need to speak with an attorney if you can. Violating a restraining order or protection order is a serious offense. Even if she was texting you first you can still be in trouble as well. You need to speak with an attorney or get a court appointed attorney to look at all the facts and let you know what your options are.

    1 lawyer agreed with this answer

  2. I have a criminal, county court hearing tomorrow for refusal. Is there any chance I will be taken into custody?

    Answered about 1 year ago.

    1. Robert C. Gigstad
    2. Anthony Michael Solis
    2 lawyer answers

    If you already have an attorney, I would highly recommend speaking with him about this, as he knows the facts of your case. Call him or email him until he talks with you. Best of luck.

    1 person marked this answer as helpful

  3. Probation Violation on 3rd DUI Conviction, what happens now?

    Answered almost 3 years ago.

    1. John Wallace Thurston
    2. Robert C. Gigstad
    2 lawyer answers

    It's good that you have an attorney working for you on the case. It is possible that they revoke your probation and make you serve the terms of your underlying sentence. I would recommend doing any and everything your attorney tells you. And don't do anything else to violate the terms of your probation.

    1 person marked this answer as helpful

  4. My license was permanently revoked in the State of Kansas in 2004 for a 4th DUI. I moved to The State of Texas in 2010.

    Answered about 3 years ago.

    1. Brandan Joseph Davies Esq.
    2. Robert C. Gigstad
    3. Ted Harvatin
    3 lawyer answers

    As Mr. Davies stated, as of July 1st, it could be possible to get that offense removed. There is a 10 year waiting period, but expungement could be an option in the future, where before July 1, 2011, it was not possible at all to expunge a dui from your record. Contact a Kansas attorney to help you address your possible options.

    1 person marked this answer as helpful

  5. Is there anyway I can get charges dropped off my bf case ?.

    Answered 2 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    2 lawyer answers

    The decision on whether or not to dismiss the case rests solely with the Prosecutor. You can approach them with your wishes, and it's possible that they may choose to dismiss. If your bf does have an attorney I would agree with Attorney Lewis that you should consult them as soon as possible.

  6. Do I need an attorney to help fight my MIP?

    Answered 2 months ago.

    1. Robert C. Gigstad
    2. Jennifer J Wirsching
    2 lawyer answers

    I would advise consulting a local attorney. I would also advise not putting any information relating to the case on a public site such as this.

  7. How accurate are BAC readings? Is it possible for them to go down by the second test by over .02? Thanks.

    Answered 3 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. Matthew Oberlin Williams
    3 lawyer answers

    Yes this is very common. The first test at the car is a PBT (Preliminary Breath Test). There are numerous types of machines that police use for this test, they are notoriously inaccurate, which is why as Attorney Lewis said they aren't admissible against you for guilty or innocence. However the test at the station is an Intoxilyzer 8000, and is admissible in KS as long as the proper procedures were followed. Consult a local attorney to discuss your case in more detail.

  8. If I was jailed for felony eluding then released with no charges at the time.. is it likely charges will be brought back up..

    Answered 3 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. William W Housley
    3 lawyer answers

    In KS they have 5 years to bring charges against you. Consult a local attorney immediately for more information on this matter.

  9. I was charged with drugs possession from drugs found in hotel but it was not in my name an I wasn't in the hotel

    Answered 3 months ago.

    1. Jay Scott Finnecy
    2. Robert C. Gigstad
    3. Jaye L. Samuels
    3 lawyer answers

    Consult with a local criminal defense attorney in the jurisdiction you are charged with this crime. Don't post any further details on the specifics of this matter.

  10. I got arrested for Domestic Battery for the second time.The first it got dismissed. Then a year later the second its this one.

    Answered 4 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    2 lawyer answers

    This will be treated as your first as long as you don't have any priors on your record. Contact a local attorney. Johnson County District Court is one of the worst places in the state to be charged with a Domestic Battery case.