Kansas Administrative Hearing Defense Attorney
Regarding an Administrative Hearing in Kansas
The rules are different in an administrative hearing than in a criminal case. In the courts, an individual accused of wrongdoing is considered innocent and the prosecutor must prove the person's guilt. In a Kansas Department of Revenue hearing a driver accused of wrongdoing must prove his or her innocence. Proving one's innocence under these circumstances is a complex task which requires the expertise of an established Kansas DUI attorney. This particularly applies to a driver under the age of 21 who is accused of driving with an over the limit
BAC (Blood Alcohol Concentration).
Administrative Hearing Attorney in Kansas
Failing the test for an adult means the breathalyzer reading was 0.08 or greater. Test failure for an individual under 21 years of age means the device reading was 0.02 or higher. Fighting the test results means you must prove that the implied consent notice was never given or the testing procedure was incorrectly followed. In order to prove these points your legal counsel must have evidence which convinces the hearing officer. If the officer fails to appear at your hearing as ordered this may be enough. Otherwise, your administrative hearing lawyer will review all the details with the officer in order to show that mistakes were made and the test results were not correct by using police reports, maintenance documents, audiotapes and videotapes, the officer's background and training and all other available pertinent information .
Administrative hearing officers do not have the training and experience of a judge, so the hearing officer may uphold the driver's license suspension. Since there has been an administrative hearing, you have 14 days to appeal this decision. The appeal will be heard in the District Court as though the administrative hearing had never occurred, except that the appeal will be limited to only the issues raised in the original hearing. This type of appeal is time consuming and requires meticulous preparation, but may be important to proceed with under some circumstances. For information which specifically applies to your case, call Martin & Wallentine for a consultation with a hard hitting DUI Lawyer.
Contact a Kansas administrative hearing defense lawyer
at the firm who prepares carefully to present a powerful defense. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.