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.
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?
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)
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.
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.
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.
There are two common scenarios that play out when people call me with tickets for driving without insurance. One is an easy fix and one is not an easy fix.
1. You got pulled over and you HAVE insurance but you didn't have the insurance card or you didn't have the current card.
This is an easy fix and you don't need an attorney to take care of it for you. Take the insurance card that you should of had with you, (the card showing that you had valid coverage on the date you were pulled over) and fax it or drop it off at the court that issued you the ticket. Most of the time the court clerk will have authorization to dismiss the ticket from the prosecutor. If not then take it with you and go to court and they will nearly always dismiss the ticket for driving without insurance. But remember, the insurance actually had to be valid. It can not just be the card that the insurance company sent you in the mail before you paid your premium. The premium actually had to have been paid! The State will confirm that you actually had valid insurance on the date you got pulled over. If you didn't pay your premium then the coverage will not check out and the state will suspend your license!
2. The second scenario is not an easy fix. You got pulled over and you DID NOTHAVE insurance.
(g) (1) Any person violating any provision of this section shall be guilty of a class B misdemeanor and shall be subject to a fine of not less than $300 nor more than $1,000 or confinement in the county jail for a term of not more than six months, or both such fine and confinement. (2) Any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a class A misdemeanor and shall be subject to a fine of not less than $800 nor more than $2,500. (h) In addition to any other penalties provided by this act for failure to have or maintain financial security in effect, the director, upon receipt of a report required by K.S.A. 8-1607 or 8-1611, and amendments thereto, or a denial of such insurance by the insurance company listed on the form prescribed by the secretary of revenue pursuant to subsection (d) of this section, shall, upon notice and hearing as provided by K.S.A. 40-3118, and amendments thereto: (1) Suspend: (A) The license of each driver in any manner involved in the accident; (B) the license of the owner of each motor vehicle involved in such accident, unless the vehicle was stolen at the time of the accident, proof of which must be established by the owner of the motor vehicle. Theft by a member of the vehicle owner's immediate family under the age of 18 years shall not constitute a stolen vehicle for the purposes of this section; (C) if the driver is a nonresident, the privilege of operating a motor vehicle within this state; or (D) if such owner is a nonresident, the privilege of such owner to operate or permit the operation within this state of any motor vehicle owned by such owner; and (2) revoke the registration of all vehicles owned by the owner of each motor vehicle involved in such accident. (i) The suspension or revocation requirements in subsection (h) shall not apply: (1) To the driver or owner if the owner had in effect at the time of the accident an automobile liability policy as required by K.S.A. 40-3107, and amendments thereto, with respect to the vehicle involved in the accident; (2) to the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy with respect to such driver's driving of vehicles not owned by such driver; (3) to any self-insurer as defined by subsection (u) of K.S.A. 40-3103, and amendments thereto; (4) to the driver or owner of any vehicle involved in the accident which was exempt from the provisions of this act pursuant to K.S.A. 40-3105, and amendments thereto; (5) to the owner of a vehicle described in subsection (a)(2). (j) (1) For the purposes of provisions (1) and (2) of subsection (i) of this section, the director may require verification by an owner's or driver's insurance company or agent thereof that there was in effect at the time of the accident an automobile liability policy as required in this act. (2) Subject to the provisions of subsection (k), any suspension or revocation effected hereunder shall remain in effect until such person: (A) Has filed satisfactory proof of financial security with the director as required by subsection (d) of K.S.A. 40-3118 and amendments thereto; (B) has paid the reinstatement fee herein prescribed; and (C) (i) has been released from liability; (ii) is a party to an action to determine liability pursuant to which the court temporarily stays such suspension pending final disposition of such action; (iii) has entered into an agreement for the payment of damages; or (iv) has been finally adjudicated not to be liable in respect to such accident and evidence of any such fact has been filed with the director. (3) The reinstatement fee shall be $100 except that if the registration of a motor vehicle of any owner is revoked within one year following a prior revocation of the registration of a motor vehicle of such owner under the provisions of this act such fee shall be $300.
If you receive a ticket for no insurance you need to contact an Attorney that specializes in Traffic Law. No Insurance tickets qualify for the Kansas Habitual Offender Act and have very serious implications on your license. You could lose your license for 3 years if you make the wrong decisions.
If you need help call our office for a free consultation.
Switched Tags: Taking the license plate off one car and putting it on another car. People contact our office often with this problem. Here are the usual scenarios.
1. I bought a used car and didn't have the money for sales tax so I took the plates off my old car and put them on the new car.
If you have been ticketed for switched tags or false license plate here is the law. (This is not the complete statute, it is to long for a blog post, I included the probable relevant part) Please see the highlighted section to determine the possible fine amount and charge.
8-142: Unlawful acts. It shall be unlawful for any person to commit any of the following acts and except as otherwise provided, violation is subject to penalties provided in K.S.A. 8-149, and amendments thereto: First: To operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the division for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto. A violation of this First by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under subsection (b) of K.S.A. 8-128, and amendments thereto, shall constitute an unclassified misdemeanor punishable by a fine of not less than $500. Second: To display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this part Second shall constitute an unclassified misdemeanor punishable by a fine of not less than $100 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this part Second. This part Second shall not apply to the possession of: (a) Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or (b) distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.
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.
(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 ticketsare capable of being kept off your driving record.
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.
