Legal Question in DUI Law in Kansas

I am currently facing a dwi case in kansas city kansas. Police report states officer came to a parked car on side of road where I was sleeping in driver seat. I am being charged with no insurrance even though vechical wasnt moving driving while suspended even though I wasnt currently driving and driving under the infulence when I was obviously not driving it was a chilly nightand raining so car was running so I could stay warm. What is a good defense for my case. Or can I get stuffed dropped I cant find case law. I hired an attorney but he couldnt change hus docet so I am stuck representing myself. And its set for trail. Any advice or whats the best arrgument ti make towards this case.

Asked on 4/11/12, 5:29 am

1 Answer from Attorneys

Anthony Smith LawSmith

Given that you face significant jail time, I do not recommend that you go Pro Se (without an attorney). You can still hire a differnet attonrey, and probably get a refund from the first one. But, if you have to go Pro Se, you need to be prepared for trial.

Unfortunately, sitting in the driver's seat of a running vehicle, is operating the vehicle. If you had a valid driver's license and insurance, you can present them as a defense to those charges. As for the DWI, the only real defense is to attack the tests that were done, and the interpretation of the results. You did not indicate whether there was a field sobriety test, or breathalizer.

If you are indigent, the Court may appoint an attorney to represent you. If you go it alone, you may be much more likely to get convicted, and a jail sentence.It may be that the prosecutor will offer you a deal, but don't count on it. Without legal knowledge and expericne, you may not know how to contest blood alcohol evidence offered by the prosecutor.

Good luck

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Answered on 4/12/12, 8:52 am

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