Legal Question in DUI Law in Kansas

Son had a DUI while in college in Nebraska in May 2014. Officer took his KS liscense. He is a Kansas resident . He immediately got an interlock device and a Nebraska interlock device license within two weeks of DUI, while he was still living in NE, according to the recommendations of the attorney. Court date was postponed approx 5 months and when he went to court, represented by a Nebraska attorney, he was given 6 months of interlock requirement and one week house arrest. (completed) He will have fulfilled all requirements on October 23rd. (total of 6 months)

Then he received a letter from Kansas (presumably since NE courts reported info) saying his KS license is suspended for one month and then he is restricted and is required to get an ignition interlock from 10/16 to 4/16/15. This is a six month suspension.

Can he get credit with KS for already completing his 6 month restriction through NE? Or else the result will be that he had to have interlock for 6 months with NE and then 6 months with KS for a first time offense.

I guess we now may need a KS attorney. I am concerned that the NE lawyer did not advise him to go to court right away so the penalties would have been at the same time. Thank you.


Asked on 10/07/14, 7:31 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your Son has a short time to appeal the suspension. He should di that immediately. Topeka may nit know that Nebradks already had him do six minths of interlock, or yiy msy nit re asluze ehat else was in his KS driving record. I csn sssist your Sin if he lives between Topeka and KC. Byt, yiur Son needs to get a current copy of his K As driving record, and consult directly with a defense attorney in his area.

Good luck

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Answered on 10/07/14, 10:11 am


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