Showing posts with label punishment for driving on suspended. Show all posts
Showing posts with label punishment for driving on suspended. Show all posts

Monday, February 6, 2012

Looking for a pardon from the govenor in Kansas? Not so fast.

This article in the Lawrence Journal World talks about the denial of clemency by the govenor of Kansas.  Kind of interesting stuff.  Looks like he did not grant a single pardon request in 2011.  That doesn't surprise me but what does make me laugh is the panoply of different offenses that people have tried to get a pardon for.  From murder all the way down to a traffic ticket.

I guess the guy who tried to get a pardon for the traffic ticket didn't realize that a pardon doesn't expunge your record it just lets a person out or prision or frees them from punishment.  Here is the article.

February 6, 2012

Kansans who were denied pardons by Gov. Sam Brownback in 2011 ranged from murderers claiming innocence to traffic law violators claiming police misconduct, according to an open records request filed by the Lawrence Journal-World.

In all, 39 people were denied pardons by Brownback last year; no pardons were granted, according to letters from the governor’s office to pardon applicants. The Kansas Prison Review Board, which reviews pardons before sending them to the governor, denied a Journal-World open records request for the full pardon applications, citing an exemption in the Kansas Open Records Act.

One of the denied pardon applicants, Ronnie Rhodes, was convicted of a 1981 murder in Wichita. He claims he’s innocent. His case has been taken up by a variety of advocates, including a Washburn University School of Law class run by Kansas attorney Rebecca Woodman. Rhodes had exhausted his appeals, and possible DNA evidence from the crime couldn’t be located for testing.  Rhodes’ application was denied, but Woodman said attorneys have resubmitted a pardon application that includes the findings of an extensive investigation.

For Rhodes, a pardon, sometimes referred to as clemency, is likely the last option, and Woodman said she hopes the governor takes a serious look at Rhodes’ case.  “Clemency is intended to be the fail-safe in the criminal justice system,” Woodman said.  Rhodes is joined by nine others denied pardons who were convicted of murder or manslaughter charges, as well as 11 with sex offense convictions.

Then there’s Eddie Mendia, a 63-year-old Wichita man who for years has been fighting a 2008 right-of-way traffic ticket given in Wellsville. Mendia, who operates the Wichita-based nonprofit Homeless Search Corp., says he was pulled over not because of a traffic violation, but because of his Mexican heritage.  “My evidence didn’t matter at all,” Mendia said of his trial that resulted in a conviction.
The Kansas Constitution gives the governor sole authority to issue pardons, which do not erase a person’s conviction but free him or her from prison or parole obligations.

Pardons are uncommon in Kansas.  Former Kansas Gov. Kathleen Sebelius issued only one pardon during her six years as governor. Gov. Mark Parkinson, Sebelius’s successor, issued four, all related to decades-old cases.

Here are the Applicants and sopme of the Crimes they are trying to get pardons for:

Applicant's nameListed on DOC website?Earliest Release DateDate of pardon denialoffense 1Offense 2Offense 3
Johnson, Barbara L.NNA
Mendia, EddieNNever served prison timeTraffic ticket, according to Mendia
Amos, Dawn MarieArson, escaped from custody, serving in absentiaServing in absentia5/17/2011
Sloan, Jonathen YDischarged 4/10/20085/13/2011Poss. anhydrous ammonia in unapproved container, 2001, HarveyUse of ammonia for controlled substance, 2006, Reno
Brinkman, PamelaYReleased, 10/28/025/4/2011Sexual exploitation of child: possible visual child less than 16, 1996, Leavenworth (2 counts)
Heathcock, PhillipNNA
Thomasson, JamesNNA
Whitewolf, MarvinNNA
Bloom, JessicaNNA
Piland, DallasYParoled 2/10/20115/4/2011Ag. assault, 2002, Sedgwick (2 counts)Involuntary manslaughter DUI or drugs, 1997, Sedgwick
Rhodes, RonaldY8/1/20125/4/2011Ag. battery, 1979, SedgwickMurder (1st degree), 1981, Sedgwick
Janes, DavidyParoled 1/20/20115/4/2011Ag. burglary, 2007, ShawneeTheft between 1k and 25k (2 counts), 2007, Shawnee
Hooks, Rodneyy7/24/20355/13/2011Ag. Burglary,1990, SedgwickAiding Ag. Kidnapping, 1990, Sedgwick (2 counts)
Toro, AntonioY9/23/20165/13/2011Ag. indecent liberties between age 14 and 16, 2007, Shawnee (2 counts)
Clifton, MichaelY7/29/20185/24/2011Ag. indecent liberties w/ child, 1994, SedgwickAg. criminal sodomy, 1994, SedgwickAg. criminal sodomy child, 1996, Sedgwick
Smith, Ronnie A.Y3/1/20165/4/2011Ag. juvenile delinquency, 1974, JohnsonArson, 1978, JohnsonMurder (2nd degree), 1978, Johnson
Scales, EddieY9/1/20185/4/2011Ag. robbery, 1989, SedgwickTheft, 1989, SedgwickRobbery, 1989, Sedgwick
Horn, Joshuay10/30/20195/4/2011Ag. sodomy child less than 14, 2006, Butler
Nixon, GrantYLife12/22/2011Ag. sodomy, 2009, MontgomeryAg. indecent solicitation of child, 2009, MontgomeryElectronic solicitation, 2009, Montgomery
Graham, LisaYParole, 7/2/095/13/2011Attempted Murder, 1999, Saline (2 counts)
Cook, Kennethy2/1/20125/24/2011Burglary, 1985, WyandotteRobbery, 1985, ShawneeMurder (2nd degree), 1992, Shawnee
Slaughter, TerryYDischarged 9/24/20085/4/2011Criminal deprivation of a motor vehicle, 2000, PrattWorthless check less than $500, 2005, PrattDrug possession, 2007, Pratt
Gilliam, GaretteyReleased 10/4/20117/26/2011Domestic battery, 2008, RileyCriminal restraint, 2008, RileyBattery, 2008, Riley
Callaway, CharlesYParoled 8/20/20107/25/2011Drug possession, 1995, SewardManufacturing unlawful substance, 1995, SewardDrug possession within 1,000 feet school, 1995 (2 counts), Seward
Sturgeon, FrankYParoled 8/29/201112/12/2011Drug possession, 2002, KiowaDrug paraphernalia, 2002, Kiowa
Collins, Chasey6/1/20147/25/2011Indecent solicitation of a child between 14 and 16, 2001, Shawnee (2 counts)Battery on a mental health employee, 2006, Pawnee (2 counts)
Siesener, RobertYParoled 1/11/20125/4/2001Kidnapping conspiracy, 2001, Johnson (2 counts)
Young, ChanoY3/25/20255/4/2011Murder (1st degree), 1995, Geary (2 counts)
Dean, DeonyLife5/13/2011Murder (1st degree), 1998, FinneyCriminal Threat, Finney, 1996Ag. Robbery, 1998, Finney
Jamerson, Jamesy6/23/20225/13/2011Murder (2nd degree), 2001, ShawneeAg. robbery, 2001, Shawnee (2 counts)
Margrave, DarrylY11/28/20165/4/2011Rape child less than 14, 2002, Wyandotte (3 counts)Ag. sodomy, 2002, WyandotteAg. indecent liberties fondling, 2002, Wyandotte (4 counts)
Velos-Garica, RichardY4/4/20175/4/2011Rape child less than 14, 2007, Nemaha
Esquivel, Adany8/22/20125/4/2011Rape<14, 1998, Sedgwick (2 counts)
Clark, UlyssesY2/26/201712/22/2011Solicitation for murder, 2008, GearyDrug sales, 2008, GearyPerjury, 2009, Geary
Ransom, RobertYParoled 7/19/20115/4/2011Voluntary manslaughter, 2004, ShawneeCriminal possession of a firearm, 2004, Shawnee
Boomershine, BillieY3/3/20135/4/2011Aggravated Kidnapping, 1998, MontgomeryAggravated Burglary, 1998, Montgomery
Brooks, EvelynYParoled, 1/19/125/4/2011Involuntary manslaughter DUI or drugs, 2009, Shawnee
Stewart, Matthew M.No pictureReleased 7/23/2003Ag. indecent liberties w/ a child, 2002, Sedgwick
Thompson, Kevin H. YReleased 8/25/20105/4/20114th DUI, 2008,Sedgwick

Monday, October 24, 2011

Driving on a Suspended License. Why is my license suspended?



If you have been pulled over and issued a ticket for driving on a suspended license or even arrested for driving on a suspended license you might have some questions.

Q: Why is my License Suspended?

A: This can vary widely depending on the state your license was issued.  Here are some common reasons I have run into.  This is not an exhaustive list and some of these reasons will not suspend you license in Kansas. However, if you have a suspended license in your home state you can still get a charge for driving on a suspended license in Kansas regardless if the offense would have suspended your license if you had a Kansas license.

1.  Failure to pay a speeding ticket
2.  Failure to go to court on a traffic violation
3. Failure to pay child support
4.  Failure to have insurance on a vehicle
5. Stealing gas from a gas station
6.  Conviction on a Minor in Possession charge
7.  Failure to renew your driver's license
8.  DUI
9.  Suspension pending a DUI.
10. Failure to pay taxes due to the state
11. Too many points on license
12. Too many traffc violations inside of year
13.  Failure to maintain an ignition interlock device in your vehicle
14.  License revoked per the habitual offender act
15.  Prior conviction for Driving on suspended license
16. Leaving the scene of an accident
17. Reckless driving.
18  Refusing to take a breathilizer


Q: I didn't know my license was suspended am I still in Trouble?
A: If you are caught driving while suspended, it does not matter if you knew or did not know your license was suspended.

Q: Will I really go to Jail?
A: If you are convicted, Yes, you will have a mandatory five days in jail.

Q: How can a Lawyer help?
A: Having an Attorney that knows what to do with a Suspended License Case is often the difference between Jail Time and just a fine. An experienced attorney can track down why your license was suspended, then get your license reinstated and avoid a conviction and jail time.

Q: Will I have to go to court if I hire an Attorney?
A: In many cases, an Attorney can handle a suspended license case without the client ever setting foot inside the courtroom.

Q: What are the different punishments for driving on a suspended license?
A:It varies widely from jurisdiction to jurisdiction and case to case. Some jurisdictions are more harsh on drivers, others are more lieniant. An experienced attorney can give you insight into your particular circumstance.   For a first-time conviction Kansas law requires you receive 5 days in jail up to 6 months in jail.

Q: Can an Attorney keep me out of jail?
A: You have an increased chance of staying out of jail if you are represented by an attorney. An attorney can work to get your license reinstated and negotiate an amendment to the charge of Driving while suspended to a lesser charge, that doesn't have mandatory jail time.

Q: If my license is not able to be reinstated can an attorney still keep me out of jail?
A: You have an increased chance of staying out of jail if you are represented by an attorney. An attorney can try to work out a plea deal to keep you out of jail.  If the prosecutor is unwilling to negotiate, an attorney can offer up mitigating circumstances to the judge and possibly get get the mandatory jail time suspended.

Q: What is a Habitual Violater? A: 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. Failureeee 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)

Q: What happens if I become a Habitual Violator? A: If you are deemed a habitual violator based on your record per KSA 8-285, your driving license will be revoked for three years.

Q: Can my license be suspended if I'm in an accident and I don't have insurance? A: Your license will be suspended unless proof of insurance is furnished to the Department of Revenue, Driver Control Bureau for the date of the accident, on the vehicle involved in the accident.

Q: Can my license be suspended even if I wasn't the driver? A: If you own the car then you can be subject to a suspension if the vehicle was involved in an accident even if you weren't the driver. (See KSA 40-3104 (h), KSA 40-3118.)

Q: If my license is suspended can I get a Hardship License?
A: No, Kansas has no provisions for a Hardship license. Simply put they do not exist in Kansas.  View our blog post on hardship licenses.

Q: What kind of Punishment can I get for a second or subsequent conviction?
A: A second or subsequent conviction is punishable by up to a year in jail and is a Class A misdemeanor.