Kansas City Criminal Defense Lawyers
Is Plea Bargaining Allowed for DUI in Kansas?

Is Plea Bargaining Allowed for DUI in Kansas?

A plea bargain is an arrangement made by a prosecutor and a defendant’s attorney, which entails the defendant must plead guilty to a lesser charge or a lower sentence. Many people who are facing criminal charges accept such a deal to avoid taking their case to trial and possibly receive a harsher sentence.

But does it apply to all crime, such as DUI? Unfortunately, the answer is no.

You cannot plea bargain a DUI charge reduced to a lower offense in Kansas. State law prohibits a prosecutor from creating a plea deal for a DUI and a judge from approving one.

It is no surprise that many people in Kansas don’t believe this law is fair. In fact, it has been challenged on many occasions. But after each case, the law has been upheld. In one case, Kansas vs. Compton, the defendant claimed that it was unlawful for the powers of the legislative branch to reduce the powers of the executive and judicial branch. However, the Kansas Supreme Court ruled that the state law did not do so.

On the other hand, plea bargaining in DUI cases is acceptable in Missouri, especially if there are weaknesses in the prosecution’s evidence or the underlying traffic stop that resulted in the arrest.

So if you have been charged with a DUI in Kansas, it is important to hire a criminal defense attorney to protect your rights and help you get your case dismissed if possible.

If you have been arrested for DUI in Kansas or Missouri, contact our Kansas City DUI attorney at Rokusek Stein Law, LLC and request a free consultation today.

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