Attorney General Opinion No.

David E. Retter Concordia City Attorney 213 West Sixth, P.O. Box 676 Concordia, Kansas 66901

Dear Mr. Retter:

You request an opinion whether a city attorney is prohibited from offering diversion to a person with a prior alcohol related conviction where it appears that the person did not have counsel, nor did he waive the right to counsel.

K.S.A. 12-4415(b)(2) prohibits a city attorney from offering diversion on a complaint alleging an alcohol related offense if the defendant has previously been convicted of an alcohol related offense either in this state or another state. You cite the case of…