Brian Lowell Leininger's Answers

What is "go" and "no go" prelim hearing

It's just a very funny way of describing court settings in the Johnson County District Court. A "go" means your case is actually set for a preliminary hearing. A "no go" means your case is not set for a preliminary hearing, just for a scheduling date.

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I have an active bench warrant for failure to appear, will this be automatically expunged when I turn 18 if it's still active?

No, the warrant won't disappear when you turn 18. Your failure to appear in court will cause a license suspension and you won't be able to reinstate your license until the warrant is addressed. This situation is going to keep getting more complicated. It's never going to be easier to fix than it is right now. Find a way to take care of it now.

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I got a ticket for speeding 80 in a 45! there is no possible way that i was going that fast, maybe 55? how do i fight this?

There is no doubt that measuring a vehicle's speed by radar is an inexact endeavor, but most people choose to pay the ticket rather than spending the money to hire a lawyer and fight it. A radar (or lidar) ticket can be fought, so you may be interested in finding an experienced traffic attorney. Another thing you might do is to find out if the police officer had a camera in his car and recorded your car in motion. You can sometimes time your car moving between two fixed points and determine...

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I have a restricted license in KS and i am moving to Missouri. can i still get a license in Missouri?

You're not supposed to have a plastic license in yor possession at all, so it does not matter what restrictions are listed on it. Missouri will not give you a license as long as you are restricted in Kansas. Be sure you fulfill all the requirements in Kansas to be reinstated, then Missouri will give you a license.

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Last week, I was arrested for a second DUI offense within the past two years. Can I avoid jail time with aid from a good lawyer?

If you plead guilty or are found guilty by the court there is a mandatory minimum 5 days jail. Diversion is not an option on a second DUI. Kansas prosecutors are forbidden by law from plea bargaining DUI cases. To avoid jail you must win your case or have it dismissed. Your best chance of achieving this is to hire an experienced, knowledgeable DUI defense lawyer. Prosecutors know which DUI lawyers will fight them in trial and which ones will not. Find a lawyer who goes to trial on many...

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I was wondering if it was possible to avoid jail time for second dui

Yes. The most certain way to avoid jail time on a second DUI is to win your case. To do this you will need an experienced DUI defense lawyer on your side. If you are convicted of a second offense DUI there is a minimum jail sentence of 5 days. Talk to your lawyer about possible alternatives to serving that term in jail. Also be aware that if you are on diversion or probation for your first DUI, that diversion or probation may be revoked because of the new DUI. This will result in a jail...

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Can I drive anywhere besides my home with a restricted liscense?

No, you are not correct. You are expected to drive only to those places listed in your restrictions. Even if your friend's house is sitting on the direct route between work and home, it is not allowed.

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When I was 16 I got a DUI in Leawood, KS but recieved diversion and held onto my DL but have recently got 2 more DUI's at 20.

The answer is that your latest charge is whatever the prosecutor says it is. I have seen dozens of situations like yours and almost always the prosecutors figure out what is going on. All of your cases are in the same state and are within a few years, so the chances are very good that Douglas County and Overland Park are going to figure everything out. Please take this situation seriously. In Kansas a third DUI is a felony. You are on the hook for two second offense DUIs now but Overland...

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If my DL was not suspended because the officer filled out the paper work wrong, will it be suspended after sentencing of a dui?

Yes, you will definitely be suspended because of the conviction. The length and terms of the suspension will depend on various factors. I'm curious as to why your lawyer is not answering this question for you. I know some courts allow defendants to plead guilty to a first DUI without a lawyer, but surely no Judge allowed you to plead guilty to a second DUI without a lawyer, right?

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How do I get warrants quashed in another state, without appearing in court?

Each court is different, so find an experienced DUI defense lawyer in the area where your cases are. That lawyer will talk to you for a few minutes and can let you know if he or she can help you without your having to go to Washington. Go to the website for the National College for DUI Defense, www.ncdd.com, to find a lawyer in that area.

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