Traffic Violations in Kansas

Road accidents happen when road users such as motorists, cyclists, pedestrians, and motorcyclists disregard traffic laws and regulations. Whenever a road user knowingly or unknowingly breaks the laws and regulations governing safety or the proper use of the road, such an individual has committed traffic violations or traffic crimes. These offenses are typically included in the offenders Kansas traffic records.

Traffic violations can be civil or criminal in Kansas State, depending on the severity. Civil violations are considered low-level offenses, often known as infractions, while criminal traffic violations are serious offenses that can be a misdemeanor or a felony. Criminal violations often result in property damage, bodily injury, or death. Civil traffic violations attract fines, driver’s educational programs, community services, and other non-incarceration punishments.

In contrast, criminal traffic violations attract imprisonment of up to a year in any State Government facility and sometimes a death sentence. Motorists or other road users can be stopped and ticketed for various traffic infractions or even mailed the tickets. However, if it is a criminal traffic offense, the motorist can be arrested and taken to custody immediately.

Types of Traffic Violations in Kansas

Traffic violations can be either civil or criminal in Kansas State like other States in the federation. Furthermore, a traffic violation can be categorized into moving and non-moving violations reflecting the vehicle’s position when the individual committed the crime. A moving violation in Kansas is committed by a motorist when the car is in motion. Examples of moving violations include:

• Running a stop sign or red light
• Speeding
• Racing
• Reckless driving
• Driving under the influence (DUI)
• Eluding an officer

Surprisingly, most moving violations in Kansas State are misdemeanors traffic violations.

Alternatively, a non-moving violation is a traffic infraction not necessarily linked to how individuals drive a vehicle. Most times, individuals commit infractions when the car is stationary.

Examples of non-moving violations are:

Vehicle Safety Violations: These violations are related to

• Tinted windows
• Missing license plates
• Excessive muffler noise.

Parking Violations: These include

• Parking in a no-parking zone.
• Parking in a handicapped location.
• Parking next to a fire hydrant.

Expired Vehicle Registration or Inspections: These include violations relating to insurance or vehicle registration and license issues.

Ironically in Kansas State, some violations committed when the vehicle is in motion are still categorized as non-moving violations. An example is having a back bumper.

As expected, moving and non-moving violations do not have the same impact on a motorist’s record. For instance, since most moving violations in Kansas State are misdemeanors, it significantly impacts an individual’s record. It attracts heavy penalties and increases insurance premiums as insurance companies consider the motorist a high risk. It could also result in suspension or revocation of license. However, non-moving violations result in more minor fines and, most times, do not result in demerit points.

Kansas Traffic Violation Code

Kansas State Statutes established by the legislature in the State provide definitions, regulations, and penalties on different aspects of human interaction. Chapter 8 covers automobiles and other vehicles, while Article 15 contains the various regulations, laws, penalties, and fines governing automobiles and other vehicles in Kansas State.

Kansas Felony Traffic Violations

Felonies are grave traffic violations categorized as the most severe crimes within any jurisdiction. Most criminal traffic violations in Kansas are considered misdemeanors.

However, repeated misdemeanors can become a felony. Examples of felony traffic violations in Kansas State include:

• Felony Hit and Run: This violation can be a level 8 or level 6 person felony considering the severity of the injury. Whenever there is great bodily harm to another person, it is a level 8 person felony, and the death of another person is a level 6 person felony.
• Felony Attempting to Elude a Police Officer: The third or subsequent conviction for attempting to elude a police officer is a level 9 person felony.
• Felony Driving Under the Influence: When the court convicts an individual for driving under the influence for 3rd time within 10 years or commits the crime for the 4th or subsequent time, the court can charge such an individual with a felony.

Remarkably, Kansas State divides felony crimes into non-drug offenses and drug offenses. For each non-drug offense, the State gives a severity scale of 1 to 10, with 1 being the most serious and 10 being the least serious. The State regards the offense either as a person or non-person offense depending on whether a person is the victim of the crime.

Kansas Traffic Misdemeanors

Traffic misdemeanor is considered a less serious crime in Kansas State. Generally, in Kansas State, misdemeanors are categorized into three: a, b, and c misdemeanors. For example, an individual arrested for driving under the influence for the first time with no one injured is guilty of a “b” misdemeanor. In contrast, the court can charge a second-time offender with an “a” misdemeanor.

Examples of traffic misdemeanors in Kansas State include:

• Misdemeanor Racing
• Misdemeanor Reckless Driving
• Misdemeanor Driving Under the Influence of Alcohol or Drugs
• Misdemeanor Hit and Run
• Misdemeanor Driving Without Insurance
• Misdemeanor Attempting to Elude a Police Officer

However, failure to comply with a traffic citation is a misdemeanor offense in Kansas State. This misdemeanor is counted separately from the traffic violation for which the law enforcement agent initially issued the citation.

Kansas Traffic Infractions

Traffic infractions are less serious traffic offenses, and they are acts or omissions prohibited by law, but are not crimes by legal definitions. The majority of driving-related violations are infractions.

Common traffic infractions in Kansas State are:

1. Unsafe speed for prevailing condition
2. Exceeding maximum speed limit (1-10mph)
3. Violating traffic control signal
4. Driving on the left side of the roadway
5. Following too close
6. Improper “U” turn
7. Unsafe starting of a stopped vehicle
8. Driving on sidewalk
9. Defective headlamps
10. Unlawful statehouse parking

Kansas Traffic Violation Codes and Fines

In Kansas, like every State in the United States, there are bodies of regulations and laws guiding different aspects of state activities and human interactions. Specifically, Kansas Statutes Annotated presents the codes for various aspects and issues of importance to Kansas State. Chapter 8 of the 2020 Kansas Statutes Annotated explains everything about Automobiles and other vehicle-related issues, offenses, and penalties.

The Automobile and other Vehicles Chapter of the Kansas Statutes Annotated stipulates fines and penalties for every traffic infraction, misdemeanor, and felony. Unsafe speed for prevailing conditions attracts a fine of 75 dollars while violating traffic control signals attracts a fine of 75 dollars. Likewise, the unsafe starting of a stopped vehicle attracts 45 dollars.

As could be deduced from the Statute on automobile and other vehicles, traffic infractions attract fines ranging from about 30 dollars to about 75 dollars. Some infractions usually attract more than 75 dollars. Traffic misdemeanors attract bigger fines and days to months of jail term. For instance, misdemeanor hit and run can attract one month to 17 months in jail and between 500 dollars to 2500 dollars in fine depending on whether it results in injury, great bodily harm, or death.

Furthermore, reckless driving for first offenders can attract 5 - 90 days of jail term and 25 dollars to 500 dollars fine while second offenders risk 10 -180 days in jail and 50 -500 dollars fine. Remarkably, the penalties for felony traffic offenses rank the highest. For instance, driving under the influence for a third offender attracts 90 days to 1year in jail and a fine of 1750 -2500 dollars.

How to Pay a Traffic Violation Ticket in Kansas

The law enforcement agencies issue traffic violation tickets anytime road users violate road usage regulations. Often, traffic tickets are called citations. In Kansas, when an individual ignores citations, additional fines, restrictions on driving privileges, possible arrests and incarceration occur. Therefore, individuals should handle traffic citations quickly and proactively.

There are different available options for handling traffic violation tickets in Kansas State.

1. Pay the ticket: This is the easiest option for individuals with citations in Kansas. There are different avenues to paying citations in Kansas. Individuals can pay for tickets online and in-person at the location designated at the back of the ticket. In particular, Kansas State does not allow personal checks to settle traffic citations. However, different jurisdictions across Kansas State have established methods of payment. Some courts accept credit or debit cards, cash, certified checks, or money order when paying for traffic citations.
2. Plead not guilty and request a trial: A cited individual in Kansas can choose to plead not guilty to the violation and go-ahead to fight the citation. To do this, one will need to inform the court of this decision and request a date to appear in court. Individuals must follow this process before the deadline stipulated on the ticket. They may choose to represent themselves in court; however, hiring an attorney is not out of line.
3. Appeal the case: Kansas court system provides the opportunity for an appeal to be sent by mail or online. The address to send a written appeal is always on the reverse of the traffic citation. Also, the necessary information on appeal is available on the website of the Kansas Court System. Indeed, one would be notified of the appeal result within 6 to 8 weeks of filing the appeal.
4. Take an online defensive driving course: The State allows cited individuals the option to take an online defensive driving course to decimate points and reduce fines they received from a traffic citation. Individuals must complete this course within the court stipulated time to qualify for a reduction in the impact of the traffic citation. The various defensive driving courses approved by the State of Kansas can be accessed anytime and anywhere from any device for a prescribed fee depending on the organization offering it.

Traffic Violation Lookup in Kansas

There are three ways to look up traffic violations in Kansas State. These include through the mail, online, or in person. The Department of Revenue’s Driver Control Bureau handles driving records in Kansas State. Therefore, individuals can access limited drivers’ license records, certified motor vehicle records, and non-certified motor vehicle records.

However, to access one’s driving record in person, individuals must fill out the Kansas State request form and present it at any local Kansas DMV location.

On the other hand, individuals can still access the traffic record via mail. To access traffic records by mail, one will still need to fill the same request form that the State gives, then send it by mail to this address: Kansas Department of Revenue, Driver Control Bureau, P.O. Box 12021, Topeka, KS 66612-2021.

Furthermore, individuals can access online copies of their driving records by visiting the website of Kansas Motor Vehicle Records. The individuals will need to supply the required information to access a digital version of their limited driving record.

How to Plead not Guilty to a Traffic Violation in Kansas

An Individual can make three possible pleas regarding citations for a traffic violation in Kansas State. These are a guilty plea, no contest plea, and not guilty plea. A decision on which plea to enter may be the most important in dealing with traffic violations for any individual. Thus, an individual entering a not guilty plea implies that the individual is denying guilt and requesting the State or county to prove its charges against them. Pleading not guilty is, therefore, a request for a contested hearing.

To ask for a contested hearing, an individual will need to check the appropriate check box on the traffic citation and mail it to the court before the deadline to pay the fine stipulated on the ticket. Based on this, the court will fix a date for the hearing. Nonetheless, an individual may choose to hire an attorney to represent them in court or decide to represent themselves. The court will conclude the citation based on the arguments and evidence before it.

What Happens if You Plead No Contest to a Traffic Violation in Kansas

Another plea possible for a cited individual is that of no contest. This plea implies that an individual does not wish to contest the citation or charge against them but at the same time not accept guilt. In this case, the judge will enter judgment against such an individual and award a fine against such person. However, one cannot use a plea of no contest against an individual in a civil suit, although the individual will still have to settle the fine the judge imposed on them.

How Long Do Traffic Violations Stay on Your Record?

The length of time a traffic violation will stay on one’s record in Kansas State is a function of the type of traffic violation. Specifically, convictions for traffic violations such as driving under influence and driving under influence diversions will remain on one’s driving record for life in Kansas State. The court cannot seal it.

Conversely, this is not the case for some other traffic offenses. Minor offenses such as speeding will stay on an individual’s record for three years, while for some major violations like driving with a suspended license, the record will remain for five years.

Driver Solutions for Kansas Courts website shows more information on how long a traffic violation can stay on an individual’s record in Kansas State.

Can Traffic Violations Be Expunged/Sealed in Kansas?

Expungement removes convictions or arrests from an individual’s criminal record. Most times, an individual might expunge some convictions from their record three years after completing the sentence and paying all fines. Convictions that an individual can expunge three years after paying fines and completing the required sentence are minor traffic violations.

On the other hand, the court can only expunge traffic violations such as driving with a suspended license five years after the individual has completed the sentence. However, for driving under influence convictions for second or subsequent offenders, the individual can only expunge such a record between 7-10 years after the individual completes the sentence.

Therefore, the passage of required time and freedom from felony conviction in the previous two years are prerequisites for the expungement of criminal convictions from any individual’s record in the State of Kansas.

What Happens if You Miss a Court Date for a Traffic Violation in Kansas

The law in Kansas State varies on the fine for not appearing in court on a scheduled date. The gravity of the offense in question may influence the judge’s disposition towards any individual that misses a court date.

Moreover, for not appearing in court on an agreed date, the court can charge an individual for Failure to Appear (FTA), which is punishable by a fine, a jail term, or both. Also, the court might issue a warrant of arrest against an individual for missing a court date.

Therefore, it is not in the best interest of anyone cited for any traffic offense to miss a court date in Kansas State. For this reason, an individual must try not to miss a court date or act very fast to limit the damages whenever they miss a court date.