SJ News Online - St. John, KS
  • Legal Talk: Suspended license conviction gets you mandatory jail time

  • The advice of a good attorney can be expensive but an attorney’s knowledge can be priceless.

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  • The advice of a good attorney can be expensive but an attorney’s knowledge can be priceless. Do you have a question about a legal matter? Go to NewspaperAttorney.com and ask a licensed Kansas attorney your question free of charge. Your question may just end up getting answered in the newspaper! Remember the Law Office of Brandan Davies LLC does not represent you in any matter until a formal representation agreement has been executed.
    Q: I was pulled over for speeding and the officer told me that my license had been suspended and gave me a ticket for driving on a suspended license. I didn’t even know my license had been suspended but now I’m really worried. What can I do?
    A: You are correct to be worried. In Kansas, driving on a suspended license is a class B misdemeanor for a first conviction, and it is a conviction that qualifies for the Kansas Habitual Offender Act. Driving on a suspended license requires mandatory jail time of at least 5 days if you are convicted. I would contact a traffic attorney and research why your license is suspended and see if you are eligible for it to be reinstated. Having your license reinstated before your court date should help out quite a bit.
    Q: My sister has a dog she keeps in her back yard. The dog got out through a hole in the fence and started chasing after her neighbor’s cat. Her neighbor grabbed the cat but the dog bit her neighbor and the cat. It was a total accident but the neighbor had to go to the emergency room and the cat had to go to the vet. What can happen to my sister?
    A: Your sister may find herself in a lawsuit. On the brief facts you have given, your sister is most likely going to be responsible for the damages done to the neighbor and the neighbor’s cat. Your sister has a duty to keep her animal from harming others and their property. The neighbor may have a cause of action for negligence against your sister for her injuries and the injuries to the cat, as cats are personal property. Your sister should consult with a defense attorney.
    Q: I have some money that I would like to leave to my children after I am gone. What is the best way to do this without the government taking a big piece?
    A: That is a very difficult question to answer without knowing your specific circumstances. When a person is making financial plans like this it is always best to sit down with a financial planner and an attorney that you trust. Before you go to such a meeting do some research on your own, come prepared with your own questions. You might also talk with a trusted life insurance agent; life insurance can be a tax free way to transfer wealth upon death.
    Page 2 of 2 - Q: I signed a piece of paper when I got hired at my company that said I can’t do the same type of work anywhere else if I quit working for that company. I want to start my own business in the same field what can I do?
    A: It sounds like you signed a non-compete agreement. These types of agreements can be enforceable and you may not be able to start up a competing business. You need to take the non-compete agreement to an attorney and have them look at it. A non-compete agreement can restrict your ability to compete in the same field but it can’t be overbroad. Courts will not enforce an agreement that is unreasonably restricting your ability to make a living. The non-compete agreement will most likely be unenforceable if it is restricting your ability to do that kind of work in an area your company doesn’t do business in or if it is for an unusually long duration of time.
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