Ticket for Texting while driving? New Kansas Law makes texting on the road illegal.

We have all seen it.  A car swerving from lane to lane in the middle of the day.  At first you might think, "That guy is drunk!"  But, as you pull up next to the offender you see them, cell phone in hand, pushing those tiny little buttons.  Texting while driving.  It is dangerous.  It does cause accidents.  It's illegal.

This last legislative session the good people of Kansas decided texting while driving was illegal.  Please look below to read the law yourself.  Please notice the highlighted sections.

8-15, 111. (Tentative Statute Number) Texting While Driving.

(a) As used in this section:
(1) "Wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer. "Wireless communication device" does not include a device which is voice-operated and which allows the user to send or receive a text based communication without the use of either hand, except to activate or deactivate a feature or function.
(2) "Write, send or read a written communication" means using a wireless communication device to manually type, send or read a written communication, including, but not limited to, a text message, instant message or electronic mail.
(b) Except as provided in subsections (c) and (d), no person shall operate a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written communication.
(c) The provisions of subsection (b) shall not apply to:
(1) A law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment;
(2) a motor vehicle stopped off the regular traveled portion of the roadway;
(3) a person who reads, selects or enters a telephone number or name in a wireless communications device for the purpose of making or receiving a phone call;
(4) a person who receives an emergency, traffic or weather alert message; or
(5) a person receiving a message related to the operation or navigation of the motor vehicle.
(d) The provisions of subsection (b) shall not prohibit a person from using a wireless communications device while operating a moving motor vehicle to:
(1) Report current or ongoing illegal activity to law enforcement;
(2) prevent imminent injury to a person or property; or
(3) relay information between transit or for-hire operator and the operator's dispatcher, in which the device is permanently affixed to the motor vehicle.
(3) From and after the effective date of this act and prior to January 1, 2011, a law enforcement officer shall issue a warning citation to anyone violating subsection (b).
(f) This section shall be part of and supplemental to the uniform act regulating traffic on highways.

History: L. 2010, ch. ___, & 2; July 1. (SB 300).

If you are issued one of these tickets please contact our office.  Many of these tickets are capable of being kept off your driving record.

How can I beat a Speeding Ticket? How do I fight a speeding ticket?

You were driving in Kansas and you got pulled over.  The officer said you were speeding and writes you a ticket.  Now you have to go to court and deal with it.  But you don't feel you were speeding .  

I get called everyday with people telling me...

I had my car on cruise and I'm sure I wasn't speeding . 
I got pulled over in a different speed zone than the cop radared  me in. 
I asked to see the radar and the cop didn't show me. 
My speedometer is off.
I know I wasn't speeding .
I was getting passed by other cars.
Someone was tailgating me so I had to speed up.
The officer had to have clocked the person that passed me.
The officer made a mistake on the ticket .
etc...

The next logical conclusion is that for one of these reasons you want to fight the ticket .

So here is what you do...

1. Go to court on your court date.  (This is usually your first appearance)

2. Check in with the Balif and make sure that you are there on the correct date.

3. If you are there on the correct date.  Sit down in the courtroom.

4. Wait until its your turn to enter a plea.

5. You want to plea not guilty .

6. The court will give you a trial date.

7. Between the time of your first appearance and your trial date you need to request discovery.

8. Requesting discovery is different in every jurisdiction. 

• Sometimes you get it from the Prosecutor.  Sometimes you get it from the police.  You will have to   submit a request in writing for anything you want to use at trial and pay a fee for the production of the discovery.
• Things you might want to request, Officers training records on the equipment used to determine your speed, calibration records for the device used to calculate your speed, copy of the ticket, etc.

9. Once you have the discovery you need to look it over and prepare for trial.

10. Go to court on your trial date and convince the judge to side with you by presenting evidence and questioning the officer.

These are just an outline of possible steps you could take to fight your speeding ticket .  Remember, this involves quite a bit of work and attending court a minimum of two times if everything goes as smoothly as possible.  Keep in mind that the prosecutor has to prove that you were speeding , but that is not to terribly difficult if the officer attends court and swears that he used a mechanical device to determine that you were speeding . 

Each case is different but in the majority of cases fighting a speeding ticket is a losing battle, and if you hire an attorney to fight the speeding ticket for you it still may be a losing battle (just an expensive losing battle).  Usually, there are other options to keep the speeding ticket off your record .  Give us a call at 913-732-3014 for more information.

What will happen if I don't pay a speeding ticket in Kansas?

If you were given a Speeding ticket in Kansas or a Traffic ticket in Kansas you need to do something with it.  That something should not be neglect it...throw it away...of expect it to go away.  It’s really simple what will happen to you if you don't take care of it and you really have a couple of options each with different consequences.

Pay the fine on the speeding ticket :  If you pay the fine on the speeding ticket before the date on the ticket you are pleaing guilty to the charge.  It’s the exact same as going to the court and telling the judge that you are guilty of the charge listed on the ticket.  This is something that you can do.  If you choose to do this then the city or county where you received the speeding ticket will take the money and report your guilty plea to the Kansas Department of Revenue.  The department of revenue will then account the plea on your license and your insurance company or job will be able to discover the guilty plea when they run your driving record .  If you get more than three of these moving violations in a 12 month period the State of Kansas can suspend your driver's license.

Hire an Attorney :  Many people find it wise to hire an attorney for speeding and traffic tickets.  An attorney can go to court for you and try to negotiate a way to keep the ticket off your record, either through a diversion or an amendment.  An attorney also might find it prudent to set your case for trial and try to convince a judge that you are innocent.  These are all possibilities...  On a large majority of cases an attorney can keep the charges off your record and you never have to go to court.

Throw the ticket away and never address it:   This is not a good idea.  If you skip your court date and never send in the payment you are making the worst possible decision for yourself in regards to the ticket.  If you don't go to court the judge will issue a warrant for your arrest and set a bond.  If you continue not to come to court the city or county will send a notice to the State of Kansas to suspend your driver's license.  If your driver's license has been suspended the state will send a notice to the address on your driver's license.  If you haven't updated your address and you have moved you won't get the notice.

If you don't get notice you will continue to drive and eventually you will get pulled over and then you will get arrested.  You will be charged with driving on a suspended driver's license and you will be looking at a mandatory 5 days in jail.  You will have to stay in jail until you can post the bond that the judge set for you and then you will have to go back to court like you should have in the first place.

Don't do this!  When you get a ticket you need to get it handled.  If you don't hire a lawyer you still need to get it handled.  You need to be responsible and get the ticket resolved or things will only get worse for you.

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