QUESTION
What would happen if there is a DUI in Kansas with a diversion and getting another one in Missouri?
Asked on Jan 12th, 2013 on DUI/DWI - Missouri
More details to this question:
My brother got a DUI in Kansas but got a diversion about a little more than a year ago. Last night He got a DUI in Missouri, what does this mean? Will this be counted as his 2nd or 1st offence? What is he facing?
1 ANSWER
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In Missouri, a "prior offender" is one who has pleaded guilty to or has been found guilty of one prrior alcohol-related offense within 5 years of the current DWI charge in MO. If the prior Kansas diversion did not require him to plead guilty to, or be found guilty of the Kansas DUI, and assuming he successfully completed the diversion program, then the Kansas DUI would not be considered a prior offense. In Missouri state court, with no prior alcohol offenses, he would be charged with a class B misdemeanor, punishable up to six months in jail and a $500 fine.
Answered on Jan 17th, 2013 at 1:20 PM