Legal Question in Traffic Law in Kansas

I recently tried to get my case dismissed for a number of reasons. First the facts of the case is that I was sleeping in my car on july 11 2010. There is a gray line between the whole dui and I believe it is wrong however that is not the only reason. I also tried to have case dismissed because of statue of limitations from my understanding the court has two years to present case to the courts maybe someone can ecplain this to me further I recieved the ticket on july 11 2010 bewteen that time I did not leave the state ran a number of background checks for jobs as recieved a few tickets and the case wasnt broughted to my attention till november of 2011 when paying off a ticket I had gotten since then I returned to court every month trying to settle case or bring it to trail after asking the courts I filled out on feb 22 a waiver of conduel and asked the case be set to trail the next month the state was not ready I asked again and again finally the casevwas brought to trail aug 23 of 2012 which at that time I asked case be dismissed fir statue of limitations and judge ruled against it as well I asked that case be dismissed because of speedy trail judge ruled against this as well from my understanding the state has 180 to bring case to trail on feb 22 I was ready for trail and state failed to try the case until aug 23 183 days I believe the state agrued that they have 180 from first trail date if thatv was the case what would stop that state ftom making trail date a year later meaning they would have 180 days after a year. Now I am not a laeyer and do plan on appealing my case fir atleast one reason I believe that the law is gone over board when some takes the responsibility and decideds to.sleep in car indtead of driving there should not be criminal.action taken on them I also would like to bring my other questions up such as statue of limitations and speedy trail. I am asking for directions on how to go about apealing case maybe a court case or two that I can look up to help argue my case on all three subjects thank you for your help

Asked on 8/30/12, 5:53 am

1 Answer from Attorneys

Anthony Smith LawSmith

Many people confuse what a statue of limitations is. It is the tune between which a person commits an act, and when the state brings charges. Your description of events does not describe that period.

Your matter is complicated enough that you should consult directly Witt an attorney in your area. You have a short time in which to appeal your conviction, so don't delay.

Good luck

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Answered on 8/30/12, 9:32 am

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