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I received a letter telling me I'm a Habitual Violator and my driver's license has been revoked.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

Tuesday, November 8, 2011

What is SR22 Insurance? (SR-22 Insurance) Why do I need it?

First off there is no such thing as SR22 Insurance.  It’s not a classification of insurance or a type of insurance or special insurance. When people refer to SR22 insurance they are referring to the SR-22 Form that your insurance company must file with the state.  The SR-22 Form is filed with the state and it shows to the state what insurance coverage you have on a vehicle.  I person must ask the insurance company to file the SR-22 Form or do it themselves when necessary.

The only real reason for the average person to file an SR-22 Form to show the state what insurance coverage they have is because the state is requiring the person to have certain insurance coverage. 

Reasons you might have to file an SR-22 insurance form.

1. You had a DUI.
2. You got in an accident without insurance.
3. You got pulled over and you didn't have insurance.
4. Your license was suspended.

One of the most common reasons people have to file an SR-22 Form is for driving without insurance in Kansas.  Click here to see about driving without insurance in Kansas

If you get pulled over without insurance you will be required by the state to file an SR22 insurance form (and sometimes pay up 6 months advanced premium) or the state will suspend your license.  If you don't file the form you won't be able to legally drive.

There are a lot of twists and turns in the law concerning driving without insurance, license suspensions, and driving on suspended.  If you find yourself facing one of these charges you need an attorney's help.  Making one wrong decision on your own can have dramatic and prolonged impacts on your ability to drive and could even end you up in jail.  If you need help figuring it all out give my office a call.