UNIVERSITY DAILY KANSAN
Wednesday, September 2, 1992
5
Arrested students need legal counsel
10
By Delin Cormeny
Kansan staff writer
While back to school means back to the books for some students, it also means back to heavy workloads for local attorneys helping KU students out of legal jams.
Michele Kessler, staff attorney for Legal Services for Students, said that the number of students seeking advice about operating under the influence, minor in possession of alcohol and possession of marijuana charges was generally higher at the beginning of each semester, particularly the beginning of the fall semester.
Each one of these offenses is a serious matter, and there are several things students should know about them if they are facing such a charge.
Scott Guthrie, third-year KU law student, said, "There are a lot of technicalities, minor little things that might cause a major difference in your case."
Elizabeth Leach, local attorney and former Olate the city prosecutor, said that in cases involving OUI, there was no doubt that the defendant was stopped illegally.
Leach said it was common for defendants to waive their right to an attorney during their first court appearance and apply directly to the city prosecutor for diversion without attorney help.
Defendants who agree to a diversion must do certain things, such as pay a fine, attend an alcohol or drug awareness program, perform community service and stay out of trouble for a specified time. If the defendant complies with all of the conditions, the charge is removed from his or her record. If not, the city will seek prosecution.
Defendants charged with possession of marijuana are not eligible for
Without the advice of a legal expert, defendants may not be aware of this option. It is neither the prosecutor's nor the judge's responsibility to inform defendants of this or any other option.
Defendants not eligible for diversion must go to trial.
Although Legal Services for Students does not represent students in trial, it does provide advice.
Under the influence
First conviction
- minimum of two days in jail, maximum six months imprisonment, or 100 hours of community service and a $200 to $500 fine, plus completion of an alcohol and drug safety treatment program.
Second conviction
minimum of five days served in jail, maximum one year in jail, minimum of $500 to $1000 fine, plus completion of an alcohol and drug safety treatment program.
Third conviction
90 days to one year in jail, a $1000 to $2,500 fine, not eligible for probation for at least 90 days in jail, plus completion of a treatment program for alcohol and drug abuse.
Source: Kansas Annotated Statutes, 1991
"We give them information and tell them what the process is, and then they're on their own," Kessler said.
Most defendants facing trial for these charges that carry possible jail time are required.
Tom Porter, city prosecutor, said it was rare for an individual to represent the jury.
"I think I've had only one OUI in the past four years that went to trial with the defendant representing himself," he said.
One of the main deterrents to hiring a lawyer, according to Leach, is the fact that lawyers
Although many attorneys offer free first consultations, fees for trials involving OUI charges, minors in position, and children under 18 range from $300 to $500 of marijuana from $300 to $500.
KANSAN
With an attorney, however, the chances are greater that these penal
If the defendant is found guilty, fines may run anywhere from $200 to $2,500 depending on the crime. In addition, there is a $110 fee for a drug sentence, which can be paid for $15 to $30 in court costs and a possible sentence of 30 days to five years.
Another reason to consider hiring an attorney is that pleading guilty may be more difficult than a conviction.
"There are so many ways you can get
your driver's license suspended and
sued.
charges, she said.
Numerous offenses, including OUI, driving with a suspended license and driving without insurance, in any combination and within five years, constitute a habitual traffic violation and are punishable by revocation of a driver's license for three years.
"There is virtually no defense for that, Leach said. All they have to do is prove you had these convictions. If they have that, they've got you."
Besides racking up habitual traffic violations, drivers get their licenses suspended for a year if they refuse to take a breath analyzing test.
In Kansas, getting a driver's license implies consent to taking the breath analyzing test used to detect whether a driver is intoxicated.
If a first offender fails the test, the driver's license may be suspended for 30 days and restricted for a year. If it is not, the defendant suspends licenses for a year.
"If you're on the first offense, you are better off taking the test," Leach said. "If it is a second offense, they will probably suspend your license for a year anyway, so it may not be a good idea to take the test."
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