Showing posts with label driving on suspended license. Show all posts
Showing posts with label driving on suspended license. Show all posts

Thursday, October 13, 2011

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 AttorneyMany 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.

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

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.

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.