Attorney Kevin Dellett
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Provinding the answers you need

DUI Frequently Asked Questions

Fighting Driver's License Suspension

If you were arrested for DUI in Kansas or Missouri, it is extremely important to contact a knowledgeable defense attorney as soon as possible. You have only a few days to challenge the automatic driver's license suspension. Without your license, it will almost certainly be hard to get to work or to school or to do the everyday things necessary to take care of yourself and your family.

I can help you fight a driver's license suspension at the DMV hearing. I can also offer you sound legal advice and powerful defense representation against that may result in a suspended license, hefty fines or even jail time. When you contact me for a free consultation, I will explain the process in depth and give you a good idea what to expect.

Fighting for More Than Just Your Right to Drive •

The obvious goal in fighting a driver's license suspension is to keep you on the road, at least until the DUI trial is finished. Based on over 20 years of experience, I know that it is about more than simply avoiding a lengthy term with a suspended license. The more subtle reason to fight a driver's license suspension is that it gives us a chance to blow holes in the prosecution's case against you before it has even been built.

The DMV driver's license suspension hearing is the first chance we have to take a good, hard look at the evidence against you. If your arresting officer testifies at the DMV hearing, he or she will be under oath. Your lawyer will have the opportunity to ask questions and examine evidence in order to determine if every appropriate law, policy and procedure was followed in your arrest.

If the police made a mistake or violated your rights, I can argue that the entire case should be dismissed. It happens more often than you would think.

Does Breath Test Failure Mean You're Guilty of DUI?

The short answer is: not necessarily. If you were stopped and the police officer gave you a test, you were almost certainly facing arrest regardless of the breath test result. Failure only means that the police now have some evidence that you were intoxicated. But how reliable is that evidence?

DUI breath tests are notoriously unreliable. Failure to properly calibrate the machine or provide proper training for officers can result in wildly inaccurate results. And yet, many of my clients thought that because a field breath test said they were drunk, there's no reason to fight the DUI charge.

If you failed a DUI breath test or refused to take a breath test, there is hope. I will fight for you. Contact my office in Overland Park, Kansas today.

As a former prosecutor and defense attorney, I have over 20 years of criminal trial experience and have built a successful record of helping men, women and juvenile clients beat drunk driving charges, including:

The admissibility and accuracy of breath test evidence is crucial in an assertive defense. Failure of breath, blood or field sobriety tests does not make your case a slam dunk for the prosecution. Technical errors and procedural mistakes can render these results inadmissible. Without evidence, the entire case can be dismissed.

To Blow or Not To Blow?

It's a question that enters the mind of many people who have been pulled over on the suspicion of drunk driving. Breath test refusal may result in arrest for DUI and automatic license suspension, whether or not you were actually intoxicated. There may be hefty fines to pay. On the other hand, breath test refusal may remove a crucial piece of evidence against you.

The chances are by the time you get around to looking for a DUI defense attorney, you have already made the decision whether or not to submit to a DUI breath test. Whatever your choice, it is up to you now to find an experienced lawyer who will fight to minimize the negative consequences of a DUI arrest and possible conviction. Contact me today for a free consultation.

I have over 20 years of criminal trial experience and have defended men, women and juvenile clients in Johnson County, the greater Kansas City area and surrounding Kansas and Missouri communities who have been charged with driving under the influence of alcohol.

I can get to work immediately to fight a license suspension. This is possible even in cases of breath test refusal. It may be difficult, but I urge you not to give up your driving privileges without a fight.

At the same time, I will set about laying the groundwork for an assertive defense. I will examine every piece of the case against you, looking for procedural errors that may result in the dismissal of all charges against you.

The fact is, if we can successfully have the traffic stop ruled unlawful, anything that followed can be thrown out of court. In other words, if the police had no reason to pull you over in the first place, you may have won your case.

Experienced Lawyer • Free Consultation • Se Habla Español

Underage DUI Charges in Kansas and Missouri

Defense Attorney for Minors Facing Drunk Driving Charges

When a youngster is charged with underage DUI, more is at stake than their license to drive. Underage DUI is a serious criminal charge. Your child's future may be in jeopardy.

I represent minors charged with DUI and other alcohol-related crimes like underage possession and consumption of alcohol in Kansas and Missouri. I know that kids make mistakes and sometimes have to suffer the consequences. But should your child have to bear the stigma of a permanent criminal record because of an error in judgment? If you need a defense lawyer with the strength, experience and dedication to protect your child from the potentially serious consequences of an underage DUI conviction, contact me today.

In my 20 years of criminal defense experience in the Kansas City area, I have successfully represented many juvenile clients charged with underage DUI. Often, the important thing in these cases is to keep the minor out of jail.

Depending upon the circumstances, the judge may look favorably upon a plea agreement that offers your child an alternative to jail time. It is my job to help the judge understand that society's interests may be best served by giving my juvenile client a second chance.

Kansas DUI Defense Lawyer: The First Offense

Question: If I get arrested for drunk driving and it's a first offense, isn't the worst that can happen just a slap on the wrist?

Answer: While that may have been true years ago, the fact is laws in Kansas and Missouri are harsh. Even a first offense DUI can have long-lasting consequences — hefty fines, lengthy license suspension, increased insurance rates and even jail time.

The cost of a conviction or guilty plea on a first offense DUI can equal or even exceed the cost of hiring an experienced defense attorney to fight for your rights, your record and your ability to drive. Contact me today for a free consultation.

I will use my more than 20 years of criminal trial experience to fight the negative consequences of a first offense DUI arrest. I have a proven record of success in challenging unreliable breath test evidence. I can also offer you real options if you refused to take a breath test.

I will work hard to fight automatic license suspension and to have your impounded vehicle released in order to minimize the disruption to your life and your family's routine.

In most first offense DUI cases, alternatives to jail may be available, including alcohol abuse education, out-patient treatment, home restriction or work-release. Many times, judges are amenable to these alternative programs because they know that first-time DUI offenders often deserve a second chance.

Minor clients charged with underage drinking and driving may face a different set of penalties and challenges. I am fully experienced in juvenile criminal defense and can help guide the whole family through the process of fighting for a second chance after a stupid mistake or lapse in judgment.

Kansas Trial Lawyer: Felony DUI Defense

Minimizing Jail Time • Alcohol Treatment Options

A third arrest for DUI in Kansas is an automatic felony with serious potential consequences, including:

  • Jail time from 90 days to one year
  • Fines ranging from $1,500 to $2,500
  • Mandatory drug or alcohol treatment

A fourth, fifth or any subsequent felony DUI charge can result in longer minimum sentences, greater fines and strict postrelease supervision. If you are facing a felony DUI charge on your third, fourth or fifth (or more) arrest, contact me immediately to get strength and understanding on your side.

I will fight hard to minimize the consequences of a felony DUI charge, and I can help you build both an effective legal defense and a plan for the future. Drug or alcohol treatment is almost always a part of the picture in felony DUI cases. Turning a felony DUI charge into a chance to change the direction of your life can take the support of an experienced and understanding defense lawyer who will take the time to get to know you and will fight to preserve your freedom to achieve your goals in life.

I will leave no stone unturned in your defense. It is important to find a lawyer who is absolutely confident and at ease in the court in which you are charged. My defense practice takes me all over eastern Kansas, and my experience and familiarity with judges and prosecutors in the area allow me to fight for my clients' rights effectively.

Kansas Defense Lawyer: Alcohol-Related Charges

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Experience and strength are often what counts most when it comes to choosing the right defense lawyer. In over 20 years of criminal defense experience in the Kansas City area, I have successfully represented clients charged with a full range of alcohol-related offenses, including:

  • Underage drinking
  • Minor in possession of alcohol (18 to 20 years old)
  • Furnishing of alcohol to a minor
  • Dram shop laws
  • Public intoxication
  • Illegal importation of alcohol
  • Violation of the state's open container law

I take the time to get to know each and every one of my clients so that I can be the effective and powerful advocate he or she needs at trial. If you have been charged with any crime related to or involving alcohol, contact me immediately to get strength, experience and understanding on your side.

Minimizing the Consequences of an Alcohol Offense • 913.897.0897

Many alcohol-related charges are relatively minor, although some may result in serious consequences, especially when the person charged or arrested is a juvenile. I know that my clients are good people who had a lapse in judgment, and I will fight hard to make sure that an alcohol-related arrest does not prevent them from achieving their goals.

Kansas law prohibits the importation of any type of beer, wine or liquor by anyone other than a licensed distributor. It is strictly illegal for any private citizen to order alcohol from an out-of-state brewery or winery, even over the Internet. To learn more about the effective defense of alcohol-related charges, contact me today.

Kansas and Missouri Road Rage Defense Attorney

Cases of alleged road rage routinely make headlines or are featured on local and network news. Police, prosecutors and politicians have a vested interest on appearing tough on crime, especially when there is media attention and public pressure involved.

Road rage is not, in itself, an official criminal charge. If you were stopped and arrested in a road rage incident, you may find yourself facing a variety of charges, depending upon the nature of your case. These charges may include:

  • Reckless or aggressive driving
  • Vehicular assault
  • Assault and battery
  • Even attempted murder

Even the least of these charges can result in hefty fines, lengthy license suspension, increased insurance rates and jail time. If you have been accused of committing road rage, contact me today. I will leave no stone unturned in your defense.

I am a seasoned criminal defense trial attorney with more than 20 years of experience in high-profile, high-stakes cases in the Johnson County and Kansas City area. I understand the pressure prosecutors are under to seem tough on road rage. I can take action immediately to protect your rights against overzealous police officers and public officials.

It comes down to facts: What happened and who is really at fault? By applying the moniker "road rage" to a series of events, prosecutors may hope to frighten you into making an unfavorable plea agreement. Don't volunteer a statement or agree to a plea until you talk to a lawyer who has your best interests at heart.

I take a methodical approach to breaking down the facts and challenging every aspect of the prosecution's case against you. I can and will go to court to protect your rights and freedom against unfair road rage accusations.

To discuss your case with an experienced road rage defense attorney, please contact my office in Overland Park, Kansas, today. We are located within walking distance of the Johnson County Courthouse. Your initial consultation will be free, and if you decide that I am the right lawyer to fight for you, credit cards and PayPal are accepted for your convenience.

Need to Fight a Traffic Ticket? Put Strength on Your Side.

Johnson County, Kansas, Traffic Violation Defense Attorney

You see the red lights in your rear view mirror and get that sinking feeling in your stomach. You are not only going to be late reaching your destination, you are going to get a speeding ticket.

What should you do? You could just pay the fine and hope for better luck next time. What happens if your luck runs out? What if you get another traffic ticket for speeding, driving with no proof of insurance or improper use of lane?

If you receive three traffic citations within a three year period, you will be declared a habitual violator and your license will be suspended for three years. Contact me today to learn why fighting a traffic ticket may be your best option.

Fighting a ticket in traffic court can actually be more cost-effective in the long run than simply paying a fine and hoping for the best. Whether you've received a minor traffic ticket for speeding or a vehicular maintenance issue (busted tail light or headlight, for example) or been charged with driving while in violation of restrictions or for road rage, I will work tirelessly to minimize the impact on your driving record and your insurance rates.

Since 1995, I have successfully represented men, women and juvenile clients who understand the long-term importance of fighting traffic tickets. Whether your goal is to get a charge dismissed, to retain your ability to drive, or to stay out of jail, we can help. Please speak to anOverland Park traffic violation lawyer at The Law Office of Kevin E. Dellett today.

Free Initial Consultation ▪ Credit Cards Accepted Se Habla Español

If you need a lawyer who offers assertive representation in all traffic ticket cases, please contact my office in Overland Park for experienced traffic ticket and moving violation defense. We are located just across the street from the Johnson County courthouse. After-hours or weekend appointments can be arranged if necessary. Credit cards and PayPal are accepted for your convenience.

Attorney Kevin Dellett is licensed in Kansas. The Overland Park, Kansas, criminal defense Law Office of Kevin E. Dellett represents clients in Overland Park, Lenexa, Kansas City and surrounding communities, including Countryside, De Soto, Edgerton, Fairway, Gardner, Leawood, Merriam, Mission Hills, Mission Woods, Prairie Village, Roeland Park, Shawnee Mission, Spring Hill, Stanley, Stilwell, Westwood Hills, Leavenworth, Paola and Mound City. The Firm associates with legal counsel to represent clients in Missouri courts.
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Overland Park Kansas
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