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

Wednesday, November 16, 2011

DUI Law: Grants in Kansas create more DUI Checkpoints over Thanksgiving Holiday

Grants are funding an increased effort to crack down on drivers who have been drinking.  If your going to be traveling over the Thanksgiving holiday be aware that there will be DUI Checkpoint and there will be officers stopping people all over the state of Kansas.  Don't drink and drive, but if you do get pulled over and given a DUI call our office for a free consult.

EDPD officers to participate in Thanksgiving traffic campaign.

El Dorado, Kan. — The El Dorado Police Department, along with many other police agencies across the state, including the Kansas Highway Patrol, will be participating in the Kansas Thanksgiving Traffic Enforcement Campaign, from Nov. 21 through 27.

A grant from the Kansas Department of Transportation (KDOT) will underwrite overtime traffic enforcement especially targeted at impaired drivers and vehicle occupants who are not properly restrained.

Surprisingly, the Thanksgiving holiday weekend (Wednesday -Sunday) commonly outranks all other holidays in its number of alcohol-related crashes.

Those driving under the influence of alcohol or other drugs, endanger not only themselves, but also their passengers, other motorists, bicyclists and pedestrians. On average, across Kansas, six persons are killed or injured in alcohol-related crashes each day.

According to KDOT, which tracks all crashes in the state, vehicle occupants in alcohol-related crashes are over 2 1/2 times more likely to be injured or killed than those involved in crashes where alcohol or other drugs were not a factor. Each week across Kansas more than 300 drivers are arrested for DUI (Driving Under the Influence). A DUI conviction will result in jail time, suspension or revocation of driver’s license, a fine of $500 to $2,500, participation in an alcohol treatment program, possible impoundment of their vehicle, and installation of an ignition interlock device in that vehicle.

“Keep in mind that if you are going to be drinking – any amount at all– don’t consider driving home,” said Deputy Chief Curt Zieman. “Arrange to ride with a non-drinking acquaintance. Don’t let pride or concerns for your convenience endanger your life and the lives of innocent others.”

Failure to simply take two seconds to buckle up is also responsible for needless death and maiming. Kansans who do not buckle up are about 12 times more likely to be killed and almost twice as likely to suffer injury as those who do buckle up. Even worse is the fact that injuries suffered by those who are unbuckled are likely to be much more severe and disabling than those suffered by those who are restrained.
This applies regardless of speeds and whether on city street, county road, or highway.

“Always wear your seatbelt and don’t move the vehicle until each person riding with you is buckled in,” Zieman said. “It is your best defense, it’s their best defense, and it’s the law. It is not uncommon for a belted driver to survive a crash relatively unscathed while an unbelted passenger is killed or seriously injured – perhaps for life.

“By always following these simple rules, you will preserve life, and certainly your cash. Let us catch you breaking the law and it will cost you!”

This article was written and published by the El Dorado Times.

Copyright 2011 El Dorado Times. Some rights reserved

Monday, November 14, 2011

Lost your license because of a DUI? There may be a chance for you to get it back!



One of the major things that can cause big problems for a person in Kansas is a DUI Conviction and a suspension of a driver's license because of that conviction.

As I wrote about in my bi-weekly article published in several Kansas newspapers, the word is getting out. People are hearing the buzz about the new Kansas law  affecting people who have a license suspension due to a DUI Conviction. Suspended driver's want to know how they can get their license back and what they need to do.

Normally, a person is punished under the law that is current when they commit the illegal act. However, the new law is allowing people that have broken the law in the past to petition to get there license suspension reevaluated under the new law. The new law can allow people to get their ability to drive back far quicker than the old law.

You might just be a candidate to get your license back right now! Call our office today for a free consult.

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.

Thursday, October 20, 2011

Criminal Expungement in Kansas. What can I get expunged?

If you have been convicted of a crime in Kansas and the criminal record is holding you back it might be time to think about an expungement .  Here is the how expungement works. *Note the law has recently changed to allow for expungement of DUI convictions!

Remember, the clock starts running on an expungment after you get off probation NOT after you get convicted.

Are you eligible for an expungement in Kansas ?

Crimes that can be expunged in Kansas after a period of 3 years have elapsed

Any person convicted in Kansas of a the following crimes may petition the Court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person, (1) Satisfied the sentence imposed or (2) was discharged from probation, a community correctional services program, parole, post- release supervision, conditional release or a suspended sentence.
(1) A Traffic infraction committed on or after July 1, 1993

(2) A Cigarette or Tobacco infraction committed on or after July 1, 1993
(3) A Misdemeanor committed on or after July 1, 1993.
(4) A Class D Felony committed on or after July 1, 1993.
(5) A Class E felony committed on or after July 1, 1993.
(6) A non drug crime ranked in severity levels 6-10 committed on or after July 1, 1993.
(7) A felony ranked in severity level 4 on the drug grid committed on or after July 1, 1993.

 

Crimes that can be expunged in Kansas after a period of 5 or more years have elapsed.

Any person convicted in  Kansas of a the following crimes may petition the convicting Court for the expungement of such conviction or related arrest records if five or more years have elapsed since the person, (1) Satisfied the sentence imposed or (2) was discharged from probation, a community correctional services program, parole, post- release supervision, conditional release or a suspended sentence.
(1) A Class A Felony committed on or after July 1, 1993.

(2) A Class B Felony committed on or after July 1, 1993.
(3) A Class C Felony committed on or after July 1, 1993.
(4) An off-grid Felony committed on or after July 1, 1993.
(5) Any non drug crime ranked in severity levels 1-5 committed on or after July 1, 1993.
(6) Any felony ranked in severity level 1-3 off the drug grid committed on or after July 1, 1993.
(7) Vehicular homicide in violation of (K.S.A.21-3405) committed on or after July 1, 1993.
(8) Driving on a suspended license in violation of (K.S.A. 8-262) committed on or after July 1, 1993.
(9) Making False Affidavit Perjury in violation of (K.S.A. 8-261A) committed on or after July 1, 1993.
(10) Violating the provisions of the fifth clause of (K.S.A. 8-142) to use false or fictitious name or address.
(11) Any crime punishable as a felony wherein a motor vehicle was used in the course of the crime.
(12) Failing to stop at the scene of an accident and perform duties required by (K.S.A. 8-1602)

(13) Violation of (K.S.A. 8-1603)

(14) Violation of (K.S.A. 8-1604)

(15) Violation of (K.S.A. 40-3104) (Failure to have vehicle insurance)
(16) Violation of (K.S.A. 21-2405b) (Vehicular Battery)

 

Crimes that can NOT be expunged in Kansas.

(1) Rape in Violation of (K.S.A. 21-3503)
(2) Indecent Liberties with a Child (K.S.A 21-3503)

(3) Aggravated Indecent Liberties with a Child (K.S.A 21-3504)

(4) Criminal Sodomy (K.S.A 21-3505(a)(2) or (a)(3))

(5) Aggravated Criminal Sodomy (K.S.A. 21-3510)

(6) Indecent Solicitation of a Child (K.S.A. 23-3516)

(7) Aggravated Indecent Solicitation of a Child (K.S.A. 21-3511)

(8) Sexual Exploitation of a Child (K.S.A.21-3516)

(9) Aggravated Incest (K.S.A. 21-3603)

(10) Endangering a Child K.S.A. 21-3609)

(11) Aggravated Endangering a Child (K.S.A. 21-3608(a))

(12) Abuse of a Child (K.S.A. 21-3609)

(13) Capital Murder (K.S.A. 21-3439)

(14) Murder First Degree (K.S.A. 21-3403)

(15) Murder Second Degree (K.S.A. 21-3402)

(16) Voluntary Manslaughter (K.S.A. 21-3403)

(17) Involuntary Manslaughter (K.S.A. 21-3404)

(18) Involuntary Manslaughter with DUI (K.S.A. 21-3442)

(19) Sexual Battery (K.S.A. 21-3517)

(20) Aggravated Sexual Battery (K.S.A. 21-3518)

(21) Any crime that occurred before July 1, 1993.

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

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