A Lawrence High School administrator charged with driving under the influence of alcohol is not expected to have her driver's license suspended or restricted.
"The officer didn't sign the form that's sent off to the motor vehicle department," said Mick Allen, a Lawrence attorney representing LHS Assistant Principal Jan Gentry.
Without the officer's signature, Allen said, Gentry's driving privileges are not subject to restrictions or suspension.
"Her license is unfettered in any way," he said.
The oversight, Allen said, was both unexpected and unusual.
Gentry, 53, was arrested at 10:19 p.m. May 20 on U.S. Highway 56 about one-quarter mile from the Osage County line. She was taken to the Douglas County Jail and later released on $250 bond.
On Tuesday, Allen released a statement from Gentry, in which she accepted responsibility for the incident.
Jan Gentry's lawyer, Mick Allen, released this statement Tuesday on her behalf: "I take full responsibility for any action or behavior that may ultimately reflect negatively on Lawrence High School or the Lawrence school district. It is my plan to fully cooperate with community officials and participate in a process to resolve the situation in a fair and impartial environment. "As individuals we are often faced with situations that, in retrospect, may have been better served or avoided by making alternative choices and decisions. I believe it is important to be accountable. I will respect the upcoming process and any consequences that may result."
"I will respect the upcoming process and any consequences that may result," she said.
In DUI cases, criminal charges are heard in district or municipal court, which handles fines and jail time; driver's license restrictions are handled by the state Division of Motor Vehicles.
The officer's oversight will not affect the criminal charges.
Lt. Doug Woods, a spokesman for the Douglas County Sheriff's Department, identified the arresting officer as Deputy Bryon Revell.
Woods declined comment on whether Revell neglected to sign the form.
"That would be part of the investigative report," he said. "I can't say anything about that."
Gentry was ticketed for "improper driving on a laned roadway."
Under Kansas law, a first-time DUI conviction results in a 30-day suspension of driving privileges, followed by 330 days of restricted driving.
"Suspension means no driving, period - even if you're going to the grocery store to buy milk for a baby," Allen said. "Restricted means you can only drive to and from work or classes or medical emergencies."
Usually, the 30-day suspension starts 30 days after the date of the ticket. Those charged, however, have 10 days to appeal the suspension. Gentry avoids those consequences because of the officer's oversight.
A second, third or fourth DUI conviction triggers a one-year suspension, followed by having an interlock device installed that prevents driving after drinking. The device remains in place for a year. A fifth conviction results in permanent loss of driving privileges.
Allen said his client cooperated with the deputy and willingly took the Breathalyzer test. Her blood-alcohol content exceeded 0.08 percent, the legal minimum.
"It was 0.10," he said, noting that drivers who test between 0.08 percent and 0.10 percent often do not realize they are legally intoxicated.
Gentry has a first-appearance hearing Monday afternoon in Douglas County District Court.
Gentry's driving record, Allen said, is "unblemished."
"She's not dodging anything," Allen said. "She still faces all the penalties a first-time offender faces should she be convicted."
How Gentry's arrest will affect her employment with the school district remains to be seen.
"She's not been adjudicated yet," Supt. Randy Weseman said. "I don't think it's fair for me to take a position before we know what the facts are."
Weseman said he might have a recommendation in time for the school board's June 12 meeting.
Gentry's 20-year tenure with the district includes teaching stints at LHS and South Junior High and administrative positions at West and Central junior high schools and LHS. She's been at LHS for the past seven years.