People arrested for committing the first offense for driving under the influence (DUI) have the freedom to sell by or leave the car. In case you have had a second time for driving while drunk, then you may want the assistance of an attorney when you are selling buying or leasing your car.
The first DUI offense is just as serious as any other. The accused might have to spend their night in a jail cell. Of course, this is a traumatic experience, and it’s vital to incorporate the use of a lawyer. And even with the guilty feeling, you should never plead guilty. It’s prudent to look for outcomes to which you could be entitled. The accused may have never been through this, and that’s why they should always find a lawyer immediately so they can help them through the case.
Kansas is among the states that use operating while intoxicated (OWI) instead of driving under the influence of DUI. In short, operating under the influence of alcohol means that you are not actually or necessarily driving the car. Operating means you have physical control of the vehicle even if it is not moving. Fortunately, there are solid defenses you can use when the vehicle is stationary.
Second offense drunk driving
The first offense does not limit you to buy or sell a car but the second could limit you. Like other states in America, Kansas could even demand confiscation of the plate for individuals who have been found guilty of second rank driving offenses within a period of five to seven years. And, in the case of a third offense, then you could receive a lifetime ban from sitting behind the wheels. During the arrest, the police may take the metallic plate and instead put a paper plate that will only be removed there when the case is fully resolved.
Can you sell your car after the second drunk driving arrest?
With the help of a court order, people who have already been charged with second offense drunk driving can obtain a new number plate for their cars. But, this means they will have to lease or sell the old vehicle that was involved in the DUI. For instance, the Kansas law states that cars under temporary registration are not allowed to be transferred to any other party without a court order.
So during a second offense, drunk driving individuals who’ve been arrested cannot pass the vehicle over to family members without getting a court order to reinforce that. And even when the court grants the order, the recipients of the car owners would still find it challenging to purchase the vehicle. This means there has to be a court order to oversee the transaction.
There are States where the Secretary of State doesn’t issue a registration for vehicles under temporary registration. But after the violation is carefully examined or the car transferred to people who’ve complied with the taxation of courts, then the Secretary of State can go ahead with the registration. In most cases, this coincides with the registration renewal or mostly the holder’s birthday.
Find a good DUI defense lawyer who will assess and evaluate evidence that strengthens your Defense of a DUI case. The attorney is likely to advise you appropriately on how to sell your car after a DUI.