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.

How do I get a DUI taken off my record in Kansas? (DUI Expungement in Kansas)

You got a DUI.  You took a Conviction .  Now you are doing your best to get a job and the conviction keeps ruining it for you.  You keep getting the job offer only to find out that the offer is rescinded once they find out about your criminal record .  DUI convictions on your criminal record make employment very difficult.  DUI convictions have stigma attached to them that latches onto a person and drags them down.

Up until July 1, 2011 if you had a conviction in Kansas for a DUI and you wanted to try and clean it up you were nearly out of luck.  There was no provision in Kansas law that made it possible for you to get the conviction expunged .  But that has all changed.  The Kansas legislature has made some changes to the law that allows for a person that had been convicted of a DUI to petition to expunge the offense from their record.

For people with DUI convictions that is a great thing.  But there are some catches.  If you have a DUI conviction you aren't eligible for an expungement until ten (10) years have passed since you were released from probation.  That doesn't mean that if you received a DUI ten years ago you can get get it expunged .  You have to have been off of probation for 10 years.  Look at the points to determine if your eligible as of 10/12/2011.











1. If you received a DUI conviction before July 1, 1993 you are probably not eligible.
2. If you got off probation before 10/12/2001 you may be eligible.
3. If you got off probation after 10/12/2001 you are not eligible.

Remember you have to use the date from which you were discharged from probation.


IF YOU HAVE A DUI CONVICTION AND YOU WANT TO GET IT EXPUNGED PLEASE SEE AN ATTORNEY.  THE CONTENTS OF THIS POST ARE FOR INFORMATIONAL PURPOSES ONLY.  THIS IS NOT LEGAL ADVICE.   PLEASE CONSULT AN ATTORNEY TO EXAMINE YOUR INDIVIDUAL RECORD AND GIVE YOU A DETERMINATION AS TO YOUR EXPUNGEMENT OPPORTUNITIES.

Terms to know for Traffic Court in Kansas

Often times when I go to Traffic Court people (Pro Se defendants) will come up to me and ask me what this means or what that means, or if they are going to jail of not.  This blog post is dedicated to those people.  It's a list of terms that most people don't understand.

Moving Violation - This is an offense that will get reported to the Kansas Department of Revenue and will impact your license and insurance negatively.  Example:  Speeding, Following to Close, Running a Red light

Non-Moving Violation- This is an offense that will not usually get reported to the Kansas Department of Revenue and will not impact your license.  Example: Illegal Parking

City Prosecutor:  This is the attorney for a city, he/she is responsible for prosecuting offenses in the city court

District Attorney:  This is the attorney for the county and he/she represents the state.  The District Attorney prosecutes all offenses brought in the district court.

County Attorney:  See District Attorney

Infraction:  It’s the lowest level of offense.  Examples: Jaywalking

Misdemeanor:  This is the lowest level of criminal offense.  Kansas has classes of misdemeanors based on severity.  You can not get more that one year in jail for a misdemeanors Examples: driving on suspended license first offense is a class B misdemeanor, a driving on suspended license second offense is a class A misdemeanor.

Diversion Agreement:  This is an agreement between you and the state where you agree to certain conditions in exchange for the state not prosecuting you on a charge.

Ignition interlock device:  This is a device that is put into the car.  It keeps a car from operating unless the driver blows into it with no alcohol in his blood.

Amendment:  When the prosecutor changes the charges that someone is facing

Pro Se:  This is a term used to describe someone without an attorney representing them

Ex Parte:  This is a term you might here when someone is talking to the judge without the other party present.  This is generally not allowed.

Continuance :  This is a request for extra time.  If you need more time to make a payment on a case you ask for a continuance.

Nunc Pro Tunc:  This literally means "this for that."  You might hear this when someone is correcting a past order or mistake.

Motion:  When someone is asking the court to do something

Order:  When the court is telling someone to do something.

Plea:  When a defendant is making a statement about his/her charges as to his guilt.

Plea Offer:  A recommendation by the prosecutor of a punishment conveyed to the judge if a defendant will make a specific plea.

Verdict:  The decision made by the trier of facts (usually the judge in traffic court)

Sentence:  The decision made by the judge as to punishment based on the outcome of the verdict.

Suspended Sentence:  This is a term used when the Judge is giving someone jail time but not making them actually go to jail.

Underlying Sentence:  This is the term used when the judge is giving someone jail time but not making them actually go to jail if they meet certain conditions.  Example: pay fines, attend a class

I received a speeding ticket and I have a Commercial Drivers License. (CDL) What can I do?

If you have received a speeding ticket, traffic ticket, or moving violation in Kansas and you have a Commercial Driver's License you are going to have big problems.  Here is why...

KSA 8-2,150: Commercial Driver's License; diversion agreements not allowed. (a) A driver may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state.

     

This creates a huge problem.  What this law does is limit a county attorney's or city prosecutor's ability to cut you a break.  If you have a CDL and you get a Ticket the prosecutor can not legally allow you to enter into a diversion agreement to keep the ticket from going onto your driving record.  It is also the policy of the vast majority of municipal jurisdictions not to amend moving violations to non-moving violations for people that have a CDL.

 

It does NOT matter if...

 

1.  You haven't used your CDL in years.

2.  You weren't driving your truck when you got pulled over.

3.  You have a spotless driving record.

 

That being said we may be able to help.  CDL tickets can be handled.  They can be dismissed.  They can be set for trial and the trial can be won.  You don't just have to pay them and deal with the consequences.  We can set the case for trial and submit discover requests for the officer's training on the equipment used to determine your speed.  We can submit discover requests for the records on the equipment used to measure your speed.  We can determine inconsistencies in the ticket. We can evaluate the records and see if you have a case.  Commercial Driver's License tickets can be beat and we can help.

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

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.

I got a ticket in Kansas but I have an out of state license...Now what?

People call me this question everyday.  You were driving in the state of Kansas on I70 on your way to St. Louis, or Chicago or XYZ city for a wedding or funeral, or vacation and you got pulled over.  But now what?  You can't come all the way from California or Texas to fight a traffic ticket and you don't want your insurance premiums to go through the roof, but you have some questions...

1. Will my home state find out about my ticket in Kansas ?
Yes, if you pay the ticket in Kansas the court will enter in a conviction on the charge and it will get reported to the Kansas Department of Revenue.  The KDR will then report it to your home state.

2. If I send in the money what will happen?
If you send in the money then you are claiming guilt.  If you plea guilty to a moving violation, the court will enter in a conviction on the charge and it will get reported to the Kansas Department of Revenue.  The KDR will them report it to your home state.

3. Will my home state take points off my license?
Probably yes, once your home state has notice of your ticket in Kansas they will access whatever ramifications are warranted by your state's law.

4. Can I just take a defensive driving class and be done with it?
No, some states allow you to take a defensive driving class and send in a certificate and pay a fine for the ticket to go off your record.  For the overwhelming majority of jurisdictions in Kansas this won't work.

5. I know someone in Kansas, can they go to court for me?
Unless they are an attorney NO.  Only an attorney or your self can go to court for you.

6. But I don't think I was speeding what can I do?
About the only thing you can do, aside from travel back to Kansas, is hire an speeding ticket attorney to help you.  The speeding ticket attorney can either set your case for trial and convince a judge you were not speeding, or get something worked out with the prosecutor to assure that the ticket is taken care of.