Friday, October 7, 2011

I received a speeding ticket and I have a Commercial Drivers License. (CDL) What can I do?



If you have received a speeding ticket, traffic ticket, or moving violation in Kansas and you have a Commercial Driver's License you are going to have big problems.  Here is why...

KSA 8-2,150: Commercial Driver's License; diversion agreements not allowed. (a) A driver may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state.
     
This creates a huge problem.  What this law does is limit a county attorney's or city prosecutor's ability to cut you a break.  If you have a CDL and you get a Ticket the prosecutor can not legally allow you to enter into a diversion agreement to keep the ticket from going onto your driving record.  It is also the policy of the vast majority of municipal jurisdictions not to amend moving violations to non-moving violations for people that have a CDL.
 
It does NOT matter if...
 
1.  You haven't used your CDL in years.
2.  You weren't driving your truck when you got pulled over.
3.  You have a spotless driving record.
 
That being said we may be able to help.  CDL tickets can be handled.  They can be dismissed.  They can be set for trial and the trial can be won.  You don't just have to pay them and deal with the consequences.  We can set the case for trial and submit discover requests for the officer's training on the equipment used to determine your speed.  We can submit discover requests for the records on the equipment used to measure your speed.  We can determine inconsistencies in the ticket. We can evaluate the records and see if you have a case.  Commercial Driver's License tickets can be beat and we can help.

Thursday, October 6, 2011

What to do when you have a warrant out for failure to appear.

When you are given a speeding ticket in Kansas you are given a court date to go to court and address the charges on the speeding ticket.  Usually, this is a first appearance where you can get a later date if you want to contest the speeding ticket and set it for trial.  If you fail to show up for your court date one of many things will happen.  Some courts will issue a thirty day notice to appear to the address on your driver's license, some will issue a bench warrant and set a bond you must pay before you can get a new court date, some will reset your court date and make you pay a failure to appear fee.  Whatever is done it will not be good for you.  If you find yourself with a warrant for failure to appear you have some options.

Options When You Have an Outstanding Warrant

Call the Court:  The Court will be able to tell you the amount of the bond.  You should also ask the Court if you have the option of turning yourself in.  Sometimes a Court or Judge will allow you to show up for Court and get the warrant withdrawn by yourself.  You will probably have to be ready to resolve the ticket/case. 
Bond: If you have a bond, you have several options. The first is to put up the cash bond. You can either use that bond money for the fine and/or you will get the money back. But obviously sometimes paying cash for the bond isn't an option. You then call a bondsman who will put up the bond for you for a fee. You will not get that fee back.
Call a Lawyer:  Many times, a Lawyer can appear for you in Court and have your warrant withdrawn. Some courts in Kansas will set aside your bond if you have an attorney file an Entry of Appearance on your case.  If this is an option it can often be the fastest and easiest way to take care of a warrant.

Now remember, this is not ideal.  You do not want to have failure to appear anywhere next to your name.  When you fail to appear you are not showing respect to the court.  Every time you have a court date a judge will say your name out loud in court.  If you are not in attendance time after time your name just keeps getting called out and it sticks in the head of both the judge and the prosecutor.  They will remember your name when it comes to handling your case.  They will remember that you did not show respect to the court.  They will make it harder on you.  So do yourself a favor and show up for court.

Places that will issue a warrant and notice to suspended your license.

Overland Park
Lenexa
Shawnee
Olathe
Merriam
Mission
Leawood
Johnson County
Douglas County
Basehor
Bonner Springs
Edgerton
Fariway
Garner
Kansas City KS
Lake Quivira
Lansing
Leavenworth
Miami County
Mission Hills
Prairie Village
Roeland Park
Wyandotte County

Wednesday, October 5, 2011

Hardship License, How can I get one in Kansas?

You can't.  Many people call me and ask about a hardship license in Kansas.  The simple fact is there are no hardship licenses in Kansas.  Up until July 1, 2011 if you got you license suspended or revoked you simply could not legally drive.  There still is no such thing as a hardship license.  In Kansas, if you are suspended you are suspended, if you are revoked you are revoked.  That being said, there may be hope for you.

On July 1, 2011, new law went into effect when it comes to license suspension for DUI and Drug and Alcohol offense based license suspension.  Normally, when you get convicted of a crime you are punished under the law that is in effect at the time that you broke the law.  The new law allows for a person with a license suspension based on a DUI to petition to get their case reevaluated under the new law and possibly have the new law dictate the duration of their license suspension.

The new law could take your lifetime revocation and change it into a one year license suspension.  The new law could take you multiple year suspension and change it into a one year suspension.  The new law could take your muti-year requirement to have an ignition interlock device in your car and cut the time period in half.  The ramifications of not being able to drive could drastically be diminished by this new law.

Tuesday, October 4, 2011

I got a ticket in Kansas but I have an out of state license...Now what?

People call me this question everyday.  You were driving in the state of Kansas on I70 on your way to St. Louis, or Chicago or XYZ city for a wedding or funeral, or vacation and you got pulled over.  But now what?  You can't come all the way from California or Texas to fight a traffic ticket and you don't want your insurance premiums to go through the roof, but you have some questions...

1. Will my home state find out about my ticket in Kansas ?
Yes, if you pay the ticket in Kansas the court will enter in a conviction on the charge and it will get reported to the Kansas Department of Revenue.  The KDR will then report it to your home state.

2. If I send in the money what will happen?
If you send in the money then you are claiming guilt.  If you plea guilty to a moving violation, the court will enter in a conviction on the charge and it will get reported to the Kansas Department of Revenue.  The KDR will them report it to your home state.

3. Will my home state take points off my license?
Probably yes, once your home state has notice of your ticket in Kansas they will access whatever ramifications are warranted by your state's law.

4. Can I just take a defensive driving class and be done with it?
No, some states allow you to take a defensive driving class and send in a certificate and pay a fine for the ticket to go off your record.  For the overwhelming majority of jurisdictions in Kansas this won't work.

5. I know someone in Kansas, can they go to court for me?
Unless they are an attorney NO.  Only an attorney or your self can go to court for you.

6. But I don't think I was speeding what can I do?
About the only thing you can do, aside from travel back to Kansas, is hire an speeding ticket attorney to help you.  The speeding ticket attorney can either set your case for trial and convince a judge you were not speeding, or get something worked out with the prosecutor to assure that the ticket is taken care of.

The points system in Kansas. (How many points are going to come off my license for a ticket in Kansas?)

Kansas does not operate on a points system

No points are going to come off your license if you have a Kansas drivers license if you get a moving violation.  The reason that is true is because Kansas does not work off a points system.  That being said it will still impact your drivers license if you get a conviction on moving violation.   If you get a speeding ticket or any other type of moving violation it will and you just pay the fine you are entering a plea of guilty.  You will receive a conviction for the charge and the convicting court will send a notice to the Kansas
Department of Revenue.  The KDR will then record such violation on your drivers record and it will be available for your insurance company to discover and increase your premiums.  That is how the system works.


Here is the law on moving violations and suspensions for too many moving violations.  I have highlighted the most important part in red for most drivers.  Now remember there are other ways to get your drivers license suspended in Kansas.  This is just the law about how many moving violations you can get before your license can get suspended.  Please read our follow-up post about out of state drivers getting tickets in Kansas.

8-255: Restriction, suspension or revocation of driving privileges by division of vehicles; grounds; procedure for restriction, suspension or revocation; driver improvement clinics. (a) The division is authorized to restrict, suspend or revoke a person's driving privileges upon a showing by its records or other sufficient evidence the person:
      (1)   Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
      (2)   has been convicted of three or more moving traffic violations committed on separate occasions within a 12-month period;
      (3)   is incompetent to drive a motor vehicle;
      (4)   has been convicted of a moving traffic violation, committed at a time when the person's
driving privileges were restricted, suspended or revoked or
      (5)   is a member of the armed forces of the United States stationed at a military installation located in the state of Kansas, and the authorities of the military establishment certify that such person's on-base driving privileges have been suspended, by action of the proper military authorities, for violating the rules and regulations of the military installation governing the movement of vehicular traffic or for any other reason relating to the person's inability to exercise ordinary and reasonable control in the operation of a motor vehicle.
      (b)   The division shall suspend a person's driving privileges when required by
K.S.A. 8-262, 8-1014, 21-3765 or 41-727, and amendments thereto, and shall disqualify a person's privilege to drive commercial motor vehicles when required by K.S.A. 8-2,142, and amendments thereto. The division shall restrict a person's driving privileges when required by K.S.A. 2009 Supp. 39-7,155, and amendments thereto.
      (c)   When the action by the division restricting, suspending, revoking or disqualifying a person's driving privileges is based upon a report of a conviction or convictions from a convicting court, the person may not request a hearing but, within 30 days after notice of restriction, suspension, revocation or disqualification is mailed, may submit a written request for administrative review and provide evidence to the division to show the person whose driving privileges have been restricted, suspended, revoked or disqualified by the division was not convicted of the offense upon which the restriction, suspension, revocation or disqualification is based. Within 30 days of its receipt of the request for administrative review, the division shall notify the person whether the restriction, suspension, revocation or disqualification has been affirmed or set aside. The request for administrative review shall not stay any action taken by the division.
      (d)   Upon restricting, suspending, revoking or disqualifying the driving privileges of any person as authorized by this act, the division shall immediately notify the person in writing. Except as provided by
K.S.A. 8-1002 and 8-2,145, and amendments thereto, and subsections (c) and (g), if the person makes a written request for hearing within 30 days after such notice of restriction, suspension or revocation is mailed, the division shall afford the person an opportunity for a hearing as early as practical not sooner than five days nor more than 30 days after such request is mailed. If the division has not revoked or suspended the person's driving privileges or vehicle registration prior to the hearing, the hearing may be held within not to exceed 45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments thereto, the hearing shall be held in the person's county of residence or a county adjacent thereto, unless the division and the person agree that the hearing may be held in some other county. Upon the hearing, the director or the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require an examination or reexamination of the person. When the action proposed or taken by the division is authorized but not required, the division, upon the hearing, shall either rescind or affirm its order of restriction, suspension or revocation or, good cause appearing therefor, extend the restriction or suspension of the person's driving privileges, modify the terms of the restriction or suspension or revoke the person's driving privileges. When the action proposed or taken by the division is required, the division, upon the hearing, shall either affirm its order of restriction, suspension, revocation or disqualification, or, good cause appearing therefor, dismiss the administrative action. If the person fails to request a hearing within the time prescribed or if, after a hearing, the order of restriction, suspension, revocation or disqualification is upheld, the person shall surrender to the division, upon proper demand, any driver's license in the person's possession.
      (e)   In case of failure on the part of any person to comply with any subpoena issued in [on] behalf of the division or the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the district court of any county, on application of the division, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court. Each witness who appears before the director or the director's duly authorized agent by order or subpoena, other than an officer or employee of the state or of a political subdivision of the state, shall receive for the witness' attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers sworn to by the witness.
      (f)   The division, in the interest of traffic and safety, may establish or contract with a private individual, corporation, partnership or association for the services of driver improvement clinics throughout the state and, upon reviewing the driving record of a person whose driving privileges are subject to suspension under subsection (a)(2), may permit the person to retain such person's driving privileges by attending a driver improvement clinic. Any person other than a person issued a commercial driver's license under
K.S.A. 8-2,125 et seq., and amendments thereto, desiring to attend a driver improvement clinic shall make application to the division and such application shall be accompanied by the required fee. The secretary of revenue shall adopt rules and regulations prescribing a driver's improvement clinic fee which shall not exceed $500 and such rules and regulations deemed necessary for carrying out the provisions of this section, including the development of standards and criteria to be utilized by such driver improvement clinics. Amounts received under this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the same in the state treasury as prescribed by subsection (f) of K.S.A. 8-267
, and amendments thereto.
      (g)   When the action by the division restricting a person's driving privileges is based upon certification by the secretary of social and rehabilitation services pursuant to K.S.A. 2009 Supp. 39-7,155, and amendments thereto, the person may not request a hearing but, within 30 days after notice of restriction is mailed, may submit a written request for administrative review and provide evidence to the division to show the person whose driving privileges have been restricted by the division is not the person certified by the secretary of social and rehabilitation services, did not receive timely notice of the proposed restriction from the secretary of social and rehabilitation services or has been decertified by the secretary of social and rehabilitation services. Within 30 days of its receipt of the request for administrative review, the division shall notify the person whether the restriction has been affirmed or set aside. The request for administrative review shall not stay any action taken by the division.

Monday, October 3, 2011

What to do when you go to court on a speeding ticket.

When you are given a traffic ticket or speeding ticket in Kansas here are the things that you need to know about going to court.

1. The speeding ticket usually has a summons on the bottom and there is a date that you are required to go to court on to address the speeding ticket.
A. Having to go to work is not a reason to miss court.
B. Having to go to school is not a reason to miss court.
C. Getting married is not a reason to miss court.
D. Graduation is not a reason to miss court.
E. There are only two valid reasons to miss court.  YOU’RE DEAD or your IN JAIL

One of the worst things you can do is miss court!
If you miss court then one or many of these things will happen.
1. You will have a bench warrant issued.
2. Your license will be suspended.
3. You will be assessed an additional fee.
4. You will have to pay an appearance bond to get a new court date.
5. You will make the prosecutor angry with you.
6. You will make the judge angry with you.

2. You need to dress appropriately.
You need to dress in a way that puts your best foot forward in a courtroom.  You need to wear clothes that fit you and wear them as they are intended to be worn.  If you show respect to the court in your attire then the court will show respect to you.

Things NOT to wear.
1. Don't wear a hat in the courtroom.
2. Don't wear clothes that have any words on them.
3. Don't wear T-shirts.
4. Don't wear shorts.
5. Don't wear clothes that are several sizes to big.
6. Don't wear anything in your hair.
7. Don't wear bandannas
8. Don't wear excessive amounts of large jewelry.
9. Don't wear flip flops.

3. Don't expect anyone to help you.
Court Staff
It’s a harsh statement but it’s true.  Court staff are overworked and underpaid.  Remember when you go into a courtroom it is not anyone’s job to help you or guide you or give you information.  There is no person that is employed by the court to tell you what to do or to where to go.  Helping you is what attorneys do. 

Attorneys you haven't hired
Don't come up to an attorney that you haven't hired and expect them to help you.  Don't expect an attorney you haven't hired to give you any information at all.  There are some attorneys that will point you in the right direction or give you some information.  You need to think of it like this, when attorneys are in court they are working and its not their responsibility to help you.  If you are an auto mechanic you’re not going to tell someone step by step how to fix their car unless they pay you.  Same goes with attorneys.  For the most part attorneys do not care what your problem is unless you pay them to care.

4. You need to remember where you are.
A court room is not a democracy; it is not a place where you have the same amount of power as everyone else.  A court room is not the workplace, or school, or playground.  It is a serious place.  People go jail, people have to pay large sums of money, both good and bad things happen.  You need to remember where you are and act accordingly. 

Things you should not do.
1. Act up.
2. Cuss.
3. Talk on a Cell phone.
4. Have a cell phone on in any fashion.
5. Talk loudly.
6. Pick up women.
7. Disrespect anyone.

5. Be polite to everyone.
The smartest thing you can do when you go into any court is be polite and respectful to everyone.  In the hallway be polite and respectful.  In the lobby be polite and respectful.  In the courtroom be polite and respectful.  In the parking lot outside the courtroom be polite and respectful.  Be polite and respectful to court staff.

You never know who has the power in the courtroom until it is too late.  The difference between being polite and respectful to someone in the parking lot can make a huge difference in the outcome of your case.

Sunday, October 2, 2011

Can I Clean up my driving record?

So you got a speeding ticket in Kansas, or a driving on a suspended license, or reckless driving charge and you didn't hire an attorney, or you did and the attorney didn't help you. Now you have the conviction on your driving record and your employer has found out.

Your going to get fired, or your not going to get the job you really need! We may be able to help. Sometimes an attorney can file a motion to set aside your guilty plea on a charge and help clean up your driving record. We have done this before and been very successful.

I have personally been able to remove convictions for speeding and other convictions ranging up to driving on suspended in Gardner, Olathe, Douglas County, Fairway, and Prairie Village.

We may be able to help. Give our office a call at 913-732-3014.

Look to Reviews when you are hiring an Attorney.

There are a lot of attorneys in the KC metro area.  How do you know who you can trust?  How do you know that your case isn't your prospective attorney's first case? Like many people this may be your first time looking for an attorney to help you so you might not know who to call.  Thanks to google, avvo, cityslick.org, and yelp you can do some research before you pull the trigger on hiring an attorney for your speeding ticket, driving on a suspended license , or dui.  You can look to the reviews of other people that were once like yourself, looking for a trustworthy attorney in a sea of unknown attorneys.  We put these review links right up on our website for everyone to see.  We service our clients well and treat everyone as if they are the most important client we have.  Because of that attitude, we have 100% 5 star reviews.  So go with an attorney you can trust, and one that others trust too.

Just look at what our past clients are saying about us on Google.

Christina ‎ - Sep 16, 2011
Did a great job handling my case. He is hard working and very personable. Would definitely recommend him to others for any services needed.
Response from the owner
Thanks for taking the time to leave us a review. If you know someone with a speeding ticket, a DUI, or a suspended license please have them visit our site.
Alice ‎ - Sep 2, 2011
Great job last fall; got my ticket reduced to non-moving violation and made the process easy for me. I hope I'm not a repeat customer, but if the need arises, I'll be back.
Response from the owner
Thanks for the positive words. If you have any freinds with speeding ticket, DUI, or driving on a suspended license please let them know about www.kcticketguy.com
jamie ‎ - Aug 10, 2011
Mr. Davies got my reckless driving charge in Overland Park dismissed! He is an awesome Lawyer !
Response from the owner
Thanks for leaving a review. If you have friends that need help with a speeding ticket or traffic ticket please give them our information.
EJPO ‎ - Jul 20, 2011
Professional, responsive and reasonable. Explains the process by jurisdiction, no surprises, very efficient. Worth it.
Response from the owner
Thanks for the kind words. If you ever have another ticket in Overland Park , Leawood, Shawnee, Lenexa, Mission, Merriam , or anywhere in Kansas please give us a call.
A ‎ - Jul 8, 2011
KC ticket Guy was very knowledgeable and answered all of my questions. He took time to listen and work with me on all of my issues. Definitely not something I expected from a Lawyer . He was very professional and courteous. He seemed very honest and upfront about everything. He also gave me recommendations on how to save money, which I did.
Response from the owner
Glad we could help. If you have any trouble with speeding ticket, or traffic ticket in Kansas please give us a call.

Terri ‎ - Jul 1, 2011
We were out of town clients and he took care of us so that we didn't have to be in KS. He is professional, knowledgeable and gets results. Thanks Ticket Guy!!
Response from the owner
Terri, Thanks for using my service. If your son ever runs into anymore trouble in Kansas give me a call it was great working with you!

Fatima ‎ - Jun 22, 2011
AWESOME!!! Extremely professional, polite, and expedient. Brandan successfully ammended my speeding ticket and he kept me updated during the entire process. I didn't have to worry about a thing! THANK YOU BRANDAN!!!
Response from the owner
Thanks for the positive words! If you ever need help with a speeding ticket you know who to call!

LSO ‎ - May 22, 2011
Great service, very professional, got the job done.
Response from the owner
Thanks, for the positive words. If you ever need any legal help I hope you will think of me in the future.
Nick ‎ - Apr 20, 2011
Mr. Davies kept me out of Jail, when the other attorneytold me I was going to have a mandatory jail sentence for my suspended license . Thanks from me, my wife and my kids!
Response from the owner
I am glad you were happy with my service and we could get you back on the road. If you have any trouble with speeding tickets in Overland Park , Merriam, Mission, Leawood, or anywhere in the metro you know who to call!

Skip1975 ‎ - Mar 27, 2011
KC Ticket Guy helped me with a speeding ticket. Great guy, good service.
Response from the owner
If you have anymore speeding ticket please give me a call! Thanks for the review