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Brian Leininger

Brian Leininger

Experienced DUI defense in Overland Park and all of Johnson County.
  • DUI & DWI, Criminal Law, Traffic Tickets...
  • Kansas
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Summary

Brian Leininger has been practicing DUI defense in Johnson County, Kansas and throughout Kansas since 2001. Prior to that he was the General Counsel for the Kansas Highway Patrol, Special Assistant Attorney General, and Assistant District Attorney in Wyandotte County. Brian is a certified practitioner of and instructor for the Standardized Field Sobriety Tests. He is the only lawyer in Kansas to have completed the training to be a Drug Recognition Expert. In addition to typical DUI cases Brian handles drug DUIs and DUI-related batteries and homicides.

Practice Areas
  • DUI & DWI
  • Criminal Law
  • Traffic Tickets
  • Cannabis & Marijuana Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, Master Card, Discover, Amex
Jurisdictions Admitted to Practice
Kansas
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Languages
  • Spanish: Spoken, Written
Professional Experience
Kansas Association of Criminal Defense Lawyers
Current
National Association of Criminal Defense Lawyers
Current
National College for DUI Defense
Current
Education
Washburn University School of Law
J.D. | Law
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Awards
Super Lawyers
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Key Publishing
Professional Associations
Kansas State Bar
Member
Current
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National College for DUI Defense
Current
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National Association of Criminal Defense Lawyers
Current
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Kansas Association of Criminal Defense Lawyers
Current
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Websites & Blogs
Website
Website
Website
Legal Answers
12 Questions Answered

Q. Do I need a lawyer for a first offense DUI? Was in my driveway keys on floor but asleep in drivers seat.
A: The Judge will not require you to have a lawyer for your case. The prosecutor will love it if you handle your case without a lawyer. I absolutely think you should have a lawyer. To convict you the government needs to prove you were driving and were impaired by alcohol you drank before you drove, not after. It seems like they may have some difficulty based on what you wrote. Find an experienced DUI lawyer in your area.
Q. Could my interlock requirement be met if I pay for device for 2 years and never drive for 2 years? Family embarrassed
A: The law requires you to have the IID for two years and you should definitely do that. Your license will not be cleared until you do. There is no requirement to drive the car. The IID company will require you to being the car in once a month or so they can verify it is installed and working, but other than that you never have to drive it.
Q. I am 22 and in F1 visa .I had my first dui with 0.126.i am confused btwn trial and diversion cnsdrng my h1 n green card
A: Whenever there is an immigration issue involved it is a big deal. A lawyer cannot advise you as to what the best course of action is in you case until she or he looks at all of the evidence. I have handled DUI cases for dozens of immigrants over the years and I can tell that immigration issues are always complex and you will need to get advice from an immigration lawyer as well.
Q. I had a 3rd DUI 4 years ago in Johnson County, Kansas. Is there a statute of limitations in KS?
A: The SOL is five years. First you want to make sure you didn’t miss a court date and there is a warrant for you. You can call the JOCO Sheriff’s Office for this. I have seen DUI cases in which there was a blood or urine sample sent to the lab that have taken years to get charged. There is no good reason for this. It’s also possible you have fallen through the cracks. The best option is to wait. You don’t want to ask a bunch of questions and cause them to look.
Q. I am on diversion for a KS DUI. The admini hearing rules against me in KS but didnt sus me in Mo. Am I ok to drive in Ks
A: As long as you have a suspension in KS you are not legal to drive there, even if you have a valid license in another state.
Q. If someone passes the intoxilyzer 9000 and does not conduct a blood sample, is it still legal to give them a DUI?
A: Yes, it happens quite often. When you say "passes the Intoxilyzer" I assume you mean the person blew under .08. The officer can still charge the driver with DUI if the officer believes he or she is under the influence to the degree that he or she is incapable of safely driving. This happens quite often when the breath test result is not much under .08. A driver can also be charged with driving under the influence of drugs, whether it is illegal drugs or prescription drugs. Even a driver who shows no alcohol on a breath test can be charged with DUI in this way. Sometimes a DUI is charged is the officer thinks the driver is impaired by a combination of alcohol and drugs.
Q. My husband opened and used a credit card account in my name, without my consent. What can I do?
A: Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.
Q. can a court appearance for Misdemeanor B (susp lic.-CA State) in Kansas driving be done by phone or paid for?
A: The driver, or an attorney on her behalf, will need to appear in court. Find a lawyer in the county where this occurred or nearby.
Q. My son just got his third speeding ticket in four years - what's he looking at here?
A: If those are his only traffic violations over that period of time he is not looking at a license suspension. However, his insurance is likely to keep going up with each ticket. He should go to court to try to keep this off his record or get a lawyer to help him with it.
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Contact & Map
Office
8826 Santa Fe Drive
Suite 214
Overland Park, KS 66212
USA
Telephone: (913) 648-7070
Fax: (913) 904-0820