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I will fight to save your license and freedom!

Kansas DUI law is harsh.  Many innocent people face needless prosecution from over-zealous law enforcement and government officials.  Don’t let the government get away with treating you unfairly.

The government misuses its power by misrepresenting that they have solid evidence against you.  These people are not your friends, and they are trying to make your life miserable so it can appear they are tough against crime.  However, you do not deserve to be treated like a criminal just because you were arrested for a DUI.

My name is Kevin Shepherd.  I’m a DUI attorney here in the Topeka, Kansas area.  I focus helping people just like you to resolve their DUI charges.  I have served clients in Shawnee, Jackson, Jefferson, Douglas, Franklin, Osage, Lyon, Pottawatomie, Wabaunsee, Riley, and Geary Counties. 

Since you are reading this, you have probably been busted for DUI and it wasn’t pleasant.  But that doesn’t mean you were guilty of drunk driving.  The police officers and the Prosecution are not going to listen to  explanations or excuses.  They will not just let this one slide.  The government prosecutes DUI cases vigorously.  The Prosecution wants you to believe the evidence they have against you is so strong that you should just go in and plead guilty.  But because of your DUI arrest, you face serious penalties if you are convicted of the DUI charges against you.  Specifically, if your case goes the wrong way you could lose your license, your insurance could go up or be canceled, and you could even go to jail and pay outlandish fines and court fees.

Plus, it doesn’t end there.  A conviction for violating Kansas DUI law is something that could haunt you for many years to come, even hurting you when you apply for a job.

I want to tell you though that with the right defense attorney by a Kansas DUI lawyer, the scenario  I just described does not have to happen. (back to top)

Free Consultation and Review of Your DUI Arrest $150 Value

You’re probably like most people arrested for a DUI.  You don’t really know the right thing to do about it, and you don’t know whether or not you can win if you contest your arrest.

For both of these reasons, I’d like to buy you a free consultation to give you information about these things and to review your case.

If you would like to meet with me, I will be happy to set up an appointment with you.  That way you’ll be able to learn all you need to know about your situation.  This telephone conference is free to you, will last about half an hour, and there is no further obligation at all.  In fact, until you agree to hire me, you will never owe me any money.

To arrange for your free consultation, you can call and leave a message 24 hours a day if I’m not available when you call.  I will get back to you as soon as possible.

Most importantly, when we talk I’ll explain to you why your situation may not be hopeless.

Here’s what I mean. (back to top)

I’ll Help You Keep You Keep Your License and Your Freedom

To begin with, I’d like you to know that there’s a good chance I can help.  Did you know that there are at least 20 possible challenges that can be made to the charges you are facing?  I’ll raise the applicable ones for you so your DUI defense is as strong as possible.

My goal is to clear you of any charges, to keep your record clean, and to prevent you from losing your freedom and your license to drive.  You see . . . my practice is based on the belief that you were arrested when you shouldn’t have been.

At the very least, I’ll make sure that you’re being treated fairly.

When you retain me you’ll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I’ve done it numerous times.  You’ll be certain you are being treated fairly by the judicial system because I’ll insist:

•                      that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony.  This will allow us to prepare the kind of questions that can weaken the state’s case against you.

•                      that the DA provide us with any information or material he has which show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

•                      on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified.

•                      on proof that you were advised of all of your rights.  If you weren’t, the DA’s case may be weakened.                                                                                                                                   

As you can see, what looks simple gets pretty complex.  As your attorney I will look into all of these things for you so that you will have the best possible case.  (back to top)

Here’s How I’ll Protect Your Rights

The District Attorney prosecutes these types of cases all day.  He knows–and is willing to use against you–all of the fine legal points that are available to him.

The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit.  That sounds pretty cut and dried, but it’s not quite as simple as that.

You see, if challenged, the DA also has to show that the arresting officer stopped you and made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it.  If he gets information which may prove you innocent, an attorney can make him give you that information also.

That’s where I come in.

I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly.  If they weren’t, then his case is weakened.

I can’t promise you that I’ll be successful because each case is unique.  Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them.  Maybe there are some things distinctive to your case which are important.  However, all things being equal, I think you’ll find that I am well-skilled and that I fiercely protect your rights.  (back to top)

Get The Legal Help You Need

When we talk during your consultation, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it.  I’ll explain how we’ll protect your legal rights, what your options are, and how the whole judicial process works, so you’ll know exactly what happens.

Plus, you’ll learn how I will guide you through the court system and how I’ll champion your rights, using all my ingenuity and the options in the legal system to defend and protect you.

For example, I’ll review the Complaint against you . . . the steps which were used to conduct the chemical and roadside tests against you to determine if they are valid . . . and I’ll show you how the police officer’s testimony can be impeached.

I will also tell you abut my fees (please see my fees information page).  Anything you tell me during this and all other meetings will be confidential, whether or not you retain me.

In summary, with my help you’ll get:

The Top 10 Mistakes Lawyers

Make in Drunk Driving Cases . . .

And How To Avoid Them

Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount of expertise comes from practical experience.  Either by prosecuting or defending individuals or businesses.

For DUI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be the most critical thing.

And because of the complexity of DUI cases, knowledgeable attorneys consider them to be among the most difficult to defend.  Because of this same complexity, a great many attorneys make up to 10 big mistakes when it comes to defending DUI clients . . . mistakes which can profoundly harm their clients in terms of losing their license, paying considerable fines, being jailed, having huge increases in their insurance rates, and the effect it could have on their current or future job.

To protect yourself and to help decide whom to hire and how to plead, you had better know what these mistakes are.

Mistake 1 --------- Assuming the Charges Can’t be Challenged

I’ve been practicing DUI law since 2002, and I’ve come to believe that making this assumption and pleading you guilty is the single most important mistake attorneys make in representing individuals arrested for DUI.

After getting the breath test result and the police report, so many lawyers simply give it up and advise the client to simply enter a plea of guilt.

In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to perform all have potential built-in flaws.  Flaws which can make the difference.

For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state’s expert.  I’ll say more about these in a minute.

Is it more costly to defend than to plead guilty?

Sure it is.  But with so much at stake (including considerable penalty fees), the possibility of winning should not be dismissed.  And it may cost less than you think.

And it’s not just client costs that are involved.  You see, a lawyer who just advises you to plead guilty, and who charges a low fee to take care of that is just asking for a malpractice claim in many cases.  Particularly in cases involving a high profile person, a case resulting in serious injury, or one where your livelihood is at stake.

Finally, it is important to examine all possible challenges in a DUI charge.  Your individual rights are at stake, and the police and prosecutors are not entitled to violate the protections guaranteed by the United States and Kansas Constitutions.  No legal authority is entitled to make stops or arrests of individuals without reasonable suspicion or probable cause, then place them under arrest and force them to take a breath test, even if the motive is to keep our streets safe from drunken drivers.  I try to keep our streets safe from over zealous police officers and over reaching prosecutors.  Therefore, a examination  of potential challenges to a DUI charge is essential. (back to top)

Mistake 2 --------- Not Fighting the License Suspension

Another common mistake lawyers make is not contesting a license revocation hearing because they believe that these hearings cannot be won very frequently.  A revocation is imposed in Kansas for refusal to take a breath or blood test, or for failing it.

But it’s simply not the case that the revocation hearing cannot be won.  They can often be won based on technical defenses, such as

•           the sample was not taken within two hours.

•           you burped or regurgitated and the officer did not start the observation period over.

•           you had something in your mouth, such as chewing tobacco.

•           you were on a special diet.

•           you have diabetes.

•           you have dentures.

•           you work with solvents.

•           an alcohol antiseptic was used when blood was drawn.

Moreover, by contesting this hearing you get to question the arresting officer.  This may be helpful in future court proceedings to commit the officer to his written report and to see how well the officer testifies under oath.  Further, the officer may reveal essential information helpful to your defense that he failed to put in his report.  (back to top)

Mistake 3 --------- Assuming That The Breath Test Rules Were Followed

Virtually every state has rules and regulations concerning the breath test given to people suspected of DUI.  The critical point for the prosecution is that these rules must be followed.

This leaves open attacking the results on the grounds that the technical rules weren’t followed.

Through conversations with other attorney, I’ve discovered that far too many lawyers don’t read the statue and regulations covering breath testing.

Those that don’t know the regulations don’t realize that violations of the rules introduced into evidence can show that the results are unreliable.  Further, showing this can be used to exclude the breath test results altogether.

Here’s an example.  The testing officer is supposed to watch you for 20 minutes before giving the test to make sure you don’t hiccup, burp or puke.  Because these things can totally skew the test results.  A number of courts have excluded test results for this violation, even though the accused may not have actually hiccuped, burped or vomited.

In fact, a host of criteria must be met or the test results will often be thrown out.  These include:

•           the test operator having a current certification.

•           the machine having a current certification.

•           calibrating the machine as often as required.

•           changing the mouthpiece before the test is given.

•           keeping a record of the temperature of the calibrating solutions in the machine.

•           keeping a log of the tests run.

•           counting the number of times the calibration solution has been changed.

Information

Kevin P. Shepherd, Attorney at Law

114 SE 8^th Avenue, Topeka, KS 66603 Telephone (785) 232-4335 Cell Phone (785) 845-5682

Normal business hours 8:30 a.m. to 5:00 p.m. Monday through Friday.

Weekend and evening appointments are available.  Calls returned promptly.  Please call my cell phone after normal business hours of 8:30 a.m. to 5:00 p.m. Monday through Friday.

Who is Kevin Shepherd?

•                      He is a member in good standing with the National College of DUI Defense

•                      He has been a Topeka resident since 1990.

•                      He attended Washburn University and received a Bachelor of Education and a teaching certificate from the Kansas board of Education.  He continues to coach athletics at the high school level. 

•                      He graduated from Washburn Law School in 2000 and has been helping people save their licensees and their freedom ever since.  He was admitted to the Kansas Bar that same year.  Most attorneys must take the bar exam more than one time to pass. 

•                      He has never been disciplined by the State Bar.

•                      He is admitted to practice before Kansas and the Federal Courts and is a member of the Kansas Criminal Defense Bar. 

•                      He spends over 20 hours per month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense–allowing him to be on the cutting edge of DUI defense at all times.

•                      He is doggedly independent, and believes in challenging everything for his clients’ defense to be successful.

•                      As a matter of course, he is ready to save your case by bombarding the District Attorney with extensive pretrial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution’s witnesses, and, of course, your testimony.

•                      Clients come from across Kansas and from other states to retain his services.  He focuses on cases in the following counties: Shawnee, Jackson, Jefferson, Douglas, Franklin, Osage, Wabaunsee, Pottawatomie, Lyon, Riley, and Geary Counties. 

If having your license and your freedom play a large part in your life, call 785-232-4335 now for your appointment.

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Kansas DUI Attorney Fees

Fees and Payment Policies: Reasonable flat fees.

When we talk, I’ll also tell you about my fees.  I understand that the cost of an attorney is an expense that you weren’t planning on.  So I offer fees at a flat rate to assist you with your budgeting.

Of course I accept cash or checks.  But you might also be interested to know that for your convenience, I’ll gladly accept payment by credit card.

In any case the initial phone consultation with me is free, so there is no risk on your part-and you will learn just what your rights and options are.  When you are finished, if you’re not convinced that I will be able to protect you to your complete satisfaction, then you can simply decide not to hire me.  I won’t trouble you again . . . and you’ll owe me nothing.

Some individuals do try to defend themselves without legal assistance, but this is usually risky because the penalties can be harsh.  Good legal representation can decrease many of these concerns.  See what your DUI may cost.

You can discover for yourself how I can help save your license and freedom by calling me at 785-232-4335.
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Know your rights in a Kansas DUI

1.                    You have the right to enter a plea of not guilty and have a trial either to the court or to a jury within six months.

2.                    You have a right to be represented by your attorney throughout the trial and at all proceedings leading up to the trial.

3.                    If you do not have the money or means to hire an attorney, you may ask the court to appoint one for you without cost to you, and one may be appointed.

4.                    You are presumed innocent of the charges pending against you, and that presumption of innocence will remain with you throughout the trial until the prosecution presents evidence to prove you guilty beyond a reasonable doubt.

5.                    At the trial you have the right to confront the witnesses called to testify against you and to cross-examine those witnesses.

6.                    You have the right to present evidence in your own defense and to compel the attendance of witnesses by subpoenas issued by the Clerk of the Court.

7.                    You have the right to remain silent at the trial or testify in your own defense.  If you choose to remain silent, your silence cannot be used against you.

8.                    After the trial is over, you have the right to appeal to a higher Court to review the judgment of the Court

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Kevin Shepherd’s Glove Compartment Guide

for Drivers Stopped for DUI in Kansas

SPECIAL REPORT:

Mistakes the police make . . . and how they can help you:

•                      Following a driver into his residence without an invitation or without enough information to justify the entry.  Your home is protected under the fourth amendment.  Without your consent, a Kansas police officer must have probable cause to believe you committed a crime and exigent circumstance which prevent the obtaining of an arrest warrant.  Police are like vampires.  They can’t usually come in unless you say so.

•                      Basing an arrest on the statements of the driver alone.  The officer must have independent evidence to corroborate these statements.  This often arises when he has not seen you in physical control of your car.

•                      Detaining a driver longer than is reasonable to investigate.  The constitution does not allow officers to hold you without limit.  It is an illegal seizure.

•                      Stopping a vehicle without an articulable reasonable suspicion.  A Kansas police officer can not s top you just because he thinks you are suspicious.  He must articulate specific facts that indicate you are driving under the influence or violating some other law or ordinance.

•                      Stopping a vehicle because it stops in the middle of the street or it is driving too slow.  Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.  It is an illegal seizure.

•                      Weaving within a lane.  The statute only requires you to drive as nearly as is practicable within a single lane.  Some cases hold that one single weave into the shoulder is not enough reason for a stop.

•                      Stopping a vehicle for an improper sign.  Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.

•                      Failing to follow the rules of the Department of Health and Intoxilyzer operation manual.  These failures may invalidate any alcohol testing.

•                      Stopping at an improper roadblock.  There are __________ that must be followed to validate the stop.  If not, it is an illegal seizure.

•                      Stopping a vehicle just to check the driver’s license and registration.  There must be an actual traffic violation or an articulable reasonable suspicion of a crime.  If not, it is an illegal seizure.

•                      Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction.  Officers must be able to convince the Court that they stopped the right car.  If not, it is an illegal seizure.

•                      Stopping a vehicle for no reason at all.  It’s done.  Officers usually do not show up in Court on these.  If no, it is an illegal seizure.

•                      Blocking a vehicle’s exit without justification.  Officers may not restrict a drivers liberty interest in the freedom to leave without a reasonable suspicion.  If not, it is an illegal seizure.

•                      DUI probable cause: A Kansas police officer must have a reasonable belief that your driving has been impaired before he can request that you submit to an alcohol test.