Jonathan M. Snyder

At Snyder & Snyder, we're committed to providing top-notch probate representation to individuals and families throughout Kansas at reasonable rates. Our experienced probate attorneys simplify the complex legal challenges associated with a probate estate, making the process straightforward and easy to understand.

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Kansas

Kansas Supreme Court

Since 2011

Washburn University School of Law

J.D. (2010)

2008 - 2010

University of Nebraska - Kearney

B.S. (2008)

2004 - 2008

20/30 Foundation of Topeka, Inc.

Board Member

2022 - Current

Kansas Bar Association

Member

2011 - Current

Topeka Bar Association

Member

2011 - Current

20/30 Club of Topeka, Inc.

Former President/Member

2011 - Current

Q. If a previous DUI was in a different state over 10 years ago does it count for purposes of sentencing in Kansas?

October 17, 2024

A: K.S.A. 8-1567(i)(1) provides that for purposes of determining whether a conviction is a 1st, 2nd, 3rd, or 4th, the Court must count all convictions occurring on or after July 1, 2001. K.S.A. 8-1567(i)(3) states that a "conviction" includes any violation of law of in another state that would constitute an offense that is comparable to the Kansas DUI statute. K.S.A. 8-1567(j) provides, "for the purposes of determining whether an offense is comparable, the following shall be considered: (1) The name of the out-of-jurisdiction offense; (2) the elements of the out-of-jurisdiction offense; and (3) whether the out-of-jurisdiction offense prohibits similar conduct to the conduct prohibited by the closest approximate Kansas offense." Thus, the answer to your question depends on whether you got your prior DUI conviction after July 1, 2001, and if so, whether the state you were convicted in has a comparable DUI statute to Kansas. If the Court finds these 2 elements are satisfied, the prior out of state conviction will be counted for determining whether the current conviction is a 1st, 2nd, 3rd, or 4th, and your sentence must be imposed in accordance with K.S.A. 8-1567(b)(1). ... Read More