THE LAW OFFICE OF DENISE KIRBY KANSAS CITY'S AWARD-WINNING DWI DEFENSE 816.221.3691

NOT AN ORDINARY CITY.

NOT AN ORDINARY ATTORNEY.

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Many attorneys think administrative license hearings are

rarely winnable, as the win rate for drivers

in the state is reportedly 4%.

My win rate in 2016 was over 90%.

 

My promise is simple:

I will do my best to get the result you desire

in your DWI case.

Denise Kirby

Sample Case Results – 2015 & 2016

 

When you blow over .08, you are subject to a license suspension or revocation. In order to attempt to avoid a suspension or revocation, you must request an administrative license hearing within 15 days of the date of your arrest.
Many attorneys think these hearings are rarely winnable, as the win rate for drivers in the state is reportedly four percent. Not very good odds, right?
My win rate in 2016 was over 90%. I lost two administrative hearings. I appealed one of those losses and won the appeal, so in the end I only lost one hearing all year, meaning I only had one client whose license was administratively suspended in 2016.

 

Officer saw client leave a bar and saw her travel off the roadway to the right several times and cross the center line, nearly striking the concrete median. The officer noted the smell of alcohol from client’s breath, eyes that were staring, glassy, and bloodshot, and said she was swaying and staggering. Client admitted to a couple drinks. Officer testified that client failed all the standardized field sobriety tests and tested positive for alcohol on the preliminary breath test. Client was arrested and then tested .161 on the evidentiary breath test.
I won client’s administrative license hearing so her license wasn’t suspended, and I got her DWI dismissed. Her aggressive driving ticket was amended to a non-moving violation with a $300 fine.

 

Client was charged on Christmas Day with his seventh DWI, a B felony. Two officers said they observed client squeal his tires, drive at a high rate of speed while weaving in and out of traffic, fail to use his signal for some lane changes, and pass a vehicle and drive straight while in a dedicated turn lane. Officers noted the smell of alcohol from client’s breath, bloodshot and glassy eyes, and slurred speech. They testified that he failed the walk and turn and one leg stand tests. Client was arrested and refused the evidentiary breath test.
Case dismissed.

 

Client went through a DWI checkpoint. Officer noted the smell of alcohol on client’s breath, client’s admission that he’d just come from a bar in Power & Light, that his eyes were very glassy and watery, that he swayed, and that his speech was slurred and mumbling. The officer testified that client failed the HGN (eye) and the walk and turn tests. Client was arrested and refused the evidentiary breath test.
Result: The client’s DWI was amended to a non-moving violation, and client’s license was not revoked.

 

Client went through a DWI checkpoint. Trooper noted her eyes were bloodshot, watery, and glassy, and he smelled the strong odor of alcohol on her breath. She admitted to drinking one beer. The Trooper noted that she swayed as she walked, and she failed the HGN (eye) and walk and turn tests. Client was arrested and refused the evidentiary breath test.
Result: I won client’s refusal hearing so her license wasn’t revoked, and I got her DWI dismissed.

 

Officer responded to an accident. Officer observed client to have poor balance and swaying as client approached him, and he smelled alcohol on client’s breath. Client told officer that he had fallen asleep and had awakened when his vehicle was in the median heading toward a vehicle on the other side of the highway, which he hit. The officer noted bloodshot and watery eyes, swaying and staggering, and testified client failed all standardized field sobriety tests miserably. Client was arrested and blew .180 on the evidentiary breath test.
Result: I won client’s administrative license hearing, so his license wasn’t suspended. I got his DWI dismissed. His careless and imprudent driving charge was amended to a non-moving violation.

 

Trooper observed client pass a vehicle and then cut in and overtake the vehicle, forcing the other vehicle to change lanes to avoid being struck. He observed the vehicle accelerate suddenly and clocked client’s speed at 83 MPH. Trooper said client’s eyes were watery, glassy, and bloodshot, and noted the strong odor of alcohol on her breath. He noted her balance was uncertain, she swayed as she walked, and her speech was slurred. She admitted to drinking two beers. Trooper testified she failed all three standardized field sobriety tests. Client was arrested and blew a .163 on the evidentiary breath test.
Result: Case Dismissed.

 

Client had a commercial driver’s license and a prior DWI conviction. He was stopped for speeding, running a red light, failing to maintain a single lane, failing to use his signal to change lanes, stopping in the cross walk, hitting a traffic cone, crossing the center line, and blocking the roadway. Officer noted he smelled alcohol on client’s breath, and he stumbled as he walked to the rear of his vehicle. Client admitted to drinking. Officer testified that client failed the HGN (eye) test and refused to perform the other standardized field sobriety tests. Client was arrested and refused the evidentiary breath test.
I had to win both his refusal hearing and his criminal DWI case, or he would’ve lost his commercial license (his career) for the rest of his life. I saved his license and his DWI was dismissed.

 

Client was charged with his third DWI after he was involved in an accident. Client told the officer he had left a bar after having some drinks, and he the hit a vehicle that stopped in front of him. Officer noted a strong odor of alcohol from client’s breath, his eyes were glassy, watery, bloodshot, and staring, his walking was uncertain, staggering, and stumbling, and his speech was slurred, mumbling, and confused. He testified that client failed all of the standardized field sobriety tests. Client was arrested and refused the evidentiary breath test.
Result: Client did not lose his license, and he was not convicted of an alcohol offense.

 

Client was stopped for speeding and crossing the center line twice. The officer noted the strong odor of alcohol from client’s breath, and bloodshot and glassy eyes. Client admitted to a couple of drinks. Client failed the HGN (eye) test and counting backward. The preliminary breath test was positive for alcohol. Client was arrested for his second DWI and blew a .098 on the evidentiary breath test.
Result: I won client’s administrative license hearing, so his license was not suspended. I got his DWI case dismissed.

 

Client drove through a checkpoint. The officer noted the smell of alcohol on client’s breath, as well as watery, glassy eyes, and that client was swaying. He failed the HGN (eye) and walk and turn tests, and he tested positive for alcohol on the preliminary breath test. Client admitted to drinking several beers. Client was arrested and blew .146 on the evidentiary breath test.
Result: His DWI charge was amended to improper lane use with a $250 fine.

 

Officer observed client stopped in the middle of the street for over 20 seconds. When the officer pulled up next to him, client noticed the officer and suddenly accelerated. The officer noted a strong odor of alcohol on his breath, as well as watery and bloodshot eyes, and said client’s balance and walking was uncertain, swaying, and stumbling. He administered six tests on client, and testified he failed five and refused one. Client was arrested for his second DWI and refused the breath test.
Result: Client hired me too late to fight the breath test refusal. His DWI charge was amended to improper lane use with a fine. No probation, no classes.

We all make mistakes. No exceptions.

Even when we have positive intentions, we may find ourselves in a legal predicament.

For the vast majority of us, being charged with driving under the influence is a very stressful event. But it’s not the end of the world, and we can definitely deal with this situation.
We have the power and the ability to take proper measures to improve our circumstances and to learn from what occurred.

  • 2300 Main Street #900
    Kansas City, MO 64108
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  • Mon-Fri: 8:30am → 5:00pm
    Sat: Closed
    Sunday: Closed
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WHY I do what I do.

Yes, many clients seek help because mistakes were made and help is needed. I stand ready, willing, and able to help. That said, there are additional motivations behind WHY I do what I do.
My primary motivation is preserving our freedoms against “watered down justice.”

My Philosophy  

 

 

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