Ticket for Texting while driving? New Kansas Law makes texting on the road illegal.

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.

8-15, 111. (Tentative Statute Number) Texting While Driving.

(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 tickets are capable of being kept off your driving record.

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.

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.

How can I beat a Speeding Ticket? How do I fight a speeding ticket?

You were driving in Kansas and you got pulled over.  The officer said you were speeding and writes you a ticket.  Now you have to go to court and deal with it.  But you don't feel you were speeding .  

I get called everyday with people telling me...

I had my car on cruise and I'm sure I wasn't speeding . 
I got pulled over in a different speed zone than the cop radared  me in. 
I asked to see the radar and the cop didn't show me. 
My speedometer is off.
I know I wasn't speeding .
I was getting passed by other cars.
Someone was tailgating me so I had to speed up.
The officer had to have clocked the person that passed me.
The officer made a mistake on the ticket .
etc...

The next logical conclusion is that for one of these reasons you want to fight the ticket .

So here is what you do...

1. Go to court on your court date.  (This is usually your first appearance)

2. Check in with the Balif and make sure that you are there on the correct date.

3. If you are there on the correct date.  Sit down in the courtroom.

4. Wait until its your turn to enter a plea.

5. You want to plea not guilty .

6. The court will give you a trial date.

7. Between the time of your first appearance and your trial date you need to request discovery.

8. Requesting discovery is different in every jurisdiction. 

• Sometimes you get it from the Prosecutor.  Sometimes you get it from the police.  You will have to   submit a request in writing for anything you want to use at trial and pay a fee for the production of the discovery.
• Things you might want to request, Officers training records on the equipment used to determine your speed, calibration records for the device used to calculate your speed, copy of the ticket, etc.

9. Once you have the discovery you need to look it over and prepare for trial.

10. Go to court on your trial date and convince the judge to side with you by presenting evidence and questioning the officer.

These are just an outline of possible steps you could take to fight your speeding ticket .  Remember, this involves quite a bit of work and attending court a minimum of two times if everything goes as smoothly as possible.  Keep in mind that the prosecutor has to prove that you were speeding , but that is not to terribly difficult if the officer attends court and swears that he used a mechanical device to determine that you were speeding . 

Each case is different but in the majority of cases fighting a speeding ticket is a losing battle, and if you hire an attorney to fight the speeding ticket for you it still may be a losing battle (just an expensive losing battle).  Usually, there are other options to keep the speeding ticket off your record .  Give us a call at 913-732-3014 for more information.

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