Minor Charge with DUI

[aimer5]

My 16 year old daughter has been charged with DUI. This is a first offense after taking her first drinks at a New Years Eve party. We have received a notice for a "First Appearance". We live in the state of Kansas. Can you inform us what to expect.

 

[bini]

I also live in Kansas, on your first appearance they will just ask you to plea. If I was you I would plea not guilty. Then I would ask the judge to give you time to get an attorney. don't worry about getting an attorney now, the judge should give you a continuance. after you do get an attorney (Paid or court appointed) you will be given another first appearance where you will be asked to plea again. Plea not guilty again and the judge will then set it up for trial.

GOOD LUCK TO YOU!

 

[bini]

In my 1st reply I was thinking that this was the 2nd d.u.i.
Since this is only the 1st, don't worry about getting an attorney (unless you are going to fight it). When you go to court tell the judge that you want to apply for a diversion. (everyone qualifies for only one in a lifetime in Kansas). A diversion will keep this off of your daughters record as long as she is good for 1 year, but if she ever gets another d.u.i. it will be counted as her 1st or 2nd depending on how much time has lapsed.
If you and your daughter decide to fight it and your daughter loses then she will never be able to get a diversion and she will have a record.
a diversion cost a little more (but it can be justified because you won't need to pay for an attorney) it is worth it, it sounds like you have a good daughter that just made a mistake.
Please remember that you can do this yourself.

Good Luck

I did not want to put my e-mail address in here. So if you have any questions on what a diversion is (in the state of Kansas) or what it consist of please reply, and I will try to answer your questions. I got a diversion a couple of years ago, so my answers will be only from my own experience.

[Edited by bini on 01-16-2001 at 06:55 PM]