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Brandan Joseph Davies Esq.

Brandan Davies’s Answers

115 total


  • Is a DUI diversion possible?

    My boyfriend got a DUI in Oklahoma last month. He was pulled over for speeding. He sprayed cologne in his mouth before the officer arrived at the window (I know, stupid, he didn't realize about the alcohol in the cologne). He was thinking the smel...

    Brandan’s Answer

    You have this question listed in the wrong jurisdiction. You need to list it in the Oklahoma DUI section. A kansas lawyer has no idea what will happen to you in Oklahoma.

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  • Chances of me getting drug tested?

    Got possesion of mj and paraphernalia first ever offence. Only revived a citation was not arrested. My lawyer made deal with prosecutor to drop mj charge if I plead guilty to paraphernalia. Will I get drug tested at court? Mostly concerned for the...

    Brandan’s Answer

    Just don't drink. If you can't go a weekend without drinking with your friends, signing up on probation will not be a good idea. All probation contracts include that a person can not consume alcohol. Save yourself a huge headache, be a grown up and be responsible.

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  • Do I have enough to get a restraining order or file harassment charges?

    We have an extended family member who continues to send us nasty text and slander us on the internet. We've ask her stop multiple times and she keeps going

    Brandan’s Answer

    Depending on the context of the text messages you might. You can file for a PFA or PFS if there are specific incidences of threatening conduct. You may want to consult a local attorney when drafting your claim. I have gotten several of these dismissed for not meeting the statutory requirements laid out in the PFA/PFS laws.

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  • 3rd time a fraudulent PFA has been filed against me. What can I do to see someone held accountable for once. Kansas

    This is the third time in four years I have had a PFA filed against me each time the claims have had absolutely no merit credibility. The first PFA against me was dropped by her the second PSA was dropped but when we went to court she gave me the ...

    Brandan’s Answer

    After it gets dismissed ask for attorney's fees associated with defending the case. The judge can grant those if warranted. After the plaintiff pays your attorney's fees it will generally discourage them from filing again.

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  • Bond condition

    My daughter is out on bond and her bond condition states that she can not go within 100 yards of her boyfriend but it also states that she is to have contact with children except per civil court orders... 1.. I am confused as to what that means......

    Brandan’s Answer

    This type of thing happens all the time. Bond conditions often conflict with civil court orders. She needs to get some temporary orders in place with her civil judge. She needs to contact a criminal defense lawyer first, then contact an attorney that does family law. Hopefully the criminal defense lawyer can recommend someone they have a good relationship with.

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  • I bought a vehicle from dealership in KS, I was approved for my loan paper work was done. I left with Jeep. Now they said retune

    Dearlership wants me to take my vehicle back after 2 mo. latter with all paper work being done. Is this legal after paper work was done. all paperwork was done and signed. i can explain all details when we can talk. thank you.

    Brandan’s Answer

    You need to contact a consumer protection lawyer in Kansas. Kansas has some very tough laws with regards to merchants selling vehicles and the representations made when selling vehicles. Contact a lawyer that has experience with the KCPA and civil litigation.

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  • Personal property and custodial rights

    My daughters boyfriend will not give me my grandson or her automobile. he is not the father, he has taken paternity test and both came out negative and he is not listed on the birth certificate... my daughter is in jail and he is not allowing me t...

    Brandan’s Answer

    You need to contact a local attorney that handles family law matters. You need to get the court to grant you custody of the child.

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  • What do you do if you do not own a vehicle and are required to have a breathilizer installed?

    5 years ago had dui-- 1st and only offense. Went to court and payed fees. Court appointed attorney says I am good to go. Find out later when applying for naturalization papers that case was never closed and now license is suspended. Have been back...

    Brandan’s Answer

    • Selected as best answer

    The out of state attorney that answered your question is not correct. The license suspension has nothing to do with your court case. You are most likely suspended for failure of a breath test. Its an administrative suspension put in place by the Department of Revenue. You can not, repeat can not get your license back until you put an interlock device in a car. Period. Don't go back to the court like the other attorney told you to you will waste your time.

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  • Can I be employed by a school district with a misdemeanor?

    I have a misdemeanor in CA for petty theft at age 18 in 1999. I was ticketed and did community service. Will this prevent me from working in a school district as a teachers aid or as a licensed teacher?

    Brandan’s Answer

    The answer the other lawyer put is not technically correct. You will not ALWAYS have to disclose the misdemeanor charge. If you expunged the offense you would not have to disclose that you have a conviction, because it the record was expunged...you wouldn't have a conviction. Kansas law provideds for expungement and the statute reads that you are to be treated as if you were never convicted once the expungement is granted. visit www.kansasexpungement.com for further info.

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  • Can checkPoints run your drivers license and find out your on probation?

    Need to go see an ill friend in different state.

    Brandan’s Answer

    I wrote an article that is almost directly on point.

    http://blog.kcticketguy.com/2014/07/legal-talk-when-can-cop-ask-you-for.html

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