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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27198
Experience:  10+ years defending Misdemeanor and Felony cases.
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I'm a driver from Illinois who got ticketed in Kansas for

Customer Question

I'm a driver from Illinois who got ticketed in Kansas for speeding and driving on an expired license. (89mph in 75mph.) The expired license ticket is listed as a misdemeanor with a required court appearance. I had not been able to renew my license because I've been caring for my mom who broke her hip up until my husband and I left for a long planned vacation to Colorado (I was trying to give my husband a small driving break on the way.) I'm also entering nursing school and am very concerned about having a misdemeanor on my record. I will renew as soon as I get home. Is there any way to get this reduced to an infraction? And must I appear in court to do so?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 11 months ago.

Good afternoon. I certainly understand the situation and your concern. If you can obtain a new license and present it to the court, the prosecutor may consider dismissing or amending the charge, to an infraction. I say this because if you are a first time offender and it simply expired and you corrected it, they could agree to amending/reducing it. Now, you do need to appear unless you retain legal counsel, to appear on your behalf. They may be able to waive your appearance and handle this, without you need to be present. They can also handle the speeding ticket as well. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty.

Expert:  CrimDefense replied 11 months ago.

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