Thursday, November 10, 2011

I received a letter telling me I'm a Habitual Violator and my driver's license has been revoked. What can I do?

You don't have a perfect driving record by any stretch of the imagination, but now the state is calling you a "Habitual Violator." What does that mean?

What is a Habitual Violator ?

A "Habitual Violator " as outlined in KSA 8-285 is a person licensed in Kansas that within the past five years, has been convicted of three or more of any combination of the following offenses.
1. DUI (Including those on Diversion)
2. Vehicular Homicide (KSA 21-3405)
3. Driving While Suspended (KSA 8-262)
4. Driving While Revoked
5. Violation of the 5th Clause of (KSA 8-142)
6. Any Felony if a vehicle was used in the crime
7. Failure to stop at the scene of an accident and perform duties required by (KSA 8-1602-1604)
8. Driving with No Vehicle Liability Insurance (KSA 40-3104)

What happens if I become a Habitual Violator ?
If you are deemed a Habitual Violator based on your record per KSA 8-285, your driver's license will be revoked for three years.

What can you do?

If the state deems you a habitual offender , the state will demand that you send in your license and not drive for three years.  You may still have options.  To get the habitual offender classification lifted you are going to have to speak with an attorney.  An attorney may be able to file a motion to set aside your conviction or guilty plea on one of the charges that caused you to be deemed a habitual offender.  If successfully set aside the attorney then may be able to negotiate a different disposition of the charge with the prosecutor and avoid the charge impacting your license so harshly. 

You may be on the clock, because some courts only maintain jurisdiction over the charges for a limit time.  Consult with a traffic attorney today and he/she may be able to save your license.

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