Johnson County, Kansas habitual violator lawyers/attorneys/law firm


 

 Olathe | Overland Park | Lenexa | Prairie Village | Leawood | Shawnee | Mission | Gardner | DeSoto | Fairway | Roeland Park | Johnson County District Court  

Our Johnson County Law Office can help drivers facing a "habitual violator" declaration by the Kansas Department of Revenue. 

Call (913)764-5010 to speak to one of our Johnson County traffic attorneys/lawyers today about your habitual violator or driving while suspended/revoked charge.

Johnson County, KS Driving while suspended/revoked charges and "habitual violator" charges are extremely serious matters.  While it may seem as though a traffic offense is not a big deal, the Kansas driving while suspended/revoked, and "habitual violator" statutes call for jail time with every conviction.

Additionally, if you are convicted in a Johnson County court of being a "habitual" offender, or driving while suspended/revoked, you may be subject to an additional driver's license suspension of THREE YEARS!

It is easy to see that you need to call one of our experienced Johnson County traffic lawyers today to speak about your "habitual violator" or driving while suspended/revoked charge.  

The Kansas Habitual Violator Statute - KSA 8-285."Habitual violator" defined; other definitions.

Except as otherwise provided in this section, as used in this act, the words and phrases defined in K.S.A. 8-234a, and amendments thereto, shall have the meanings ascribed to them therein. The term "habitual violator" means any resident or nonresident person who, within the immediately preceding five years, has been convicted in this or any other state:

      (a)   Three or more times of:

      (1)   Vehicular homicide, as defined by K.S.A. 21-3405, and amendments thereto, or as prohibited by any ordinance of any city in this state or any law of another state which is in substantial conformity with that statute;

      (2)   violating K.S.A. 8-1567, and amendments thereto, or violating an ordinance of any city in this state or any law of another state, which ordinance or law declares to be unlawful the acts prohibited by that statute;

      (3)   driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments thereto, or while such person's privilege to obtain a driver's license is suspended or revoked pursuant to K.S.A. 8-252a, and amendments thereto, or, as prohibited by any ordinance of any city in this state or any law of another state which is in substantial conformity with those statutes;

      (4)   perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto, or resulting from the violation of a law of another state which is in substantial conformity with that statute;

      (5)   violating the provisions of the fifth clause of K.S.A. 8-142, and amendments thereto, relating to fraudulent applications, or violating the provisions of a law of another state which is in substantial conformity with that statute;

      (6)   any crime punishable as a felony, if a motor vehicle was used in the perpetration of the crime;

      (7)   failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1602 through 8-1604, and amendments thereto, or required by any ordinance of any city in this state or a law of another state which is in substantial conformity with those statutes; or

      (8)   violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage or an ordinance of any city in this state, which is in substantial conformity with such statute.

      (b)   Three or more times, either singly or in combination, of any of the offenses enumerated in subsection (a).

      For the purpose of subsection (a)(2), in addition to the definition of "conviction" otherwise provided by law, conviction includes, but is not limited to, a diversion agreement entered into in lieu of further criminal proceedings, or a plea of nolo contendere, on a complaint, indictment, information, citation or notice to appear alleging a violation of K.S.A. 8-1567, and amendments thereto, or an ordinance of a city in this state or law of another state, which ordinance or law prohibits the acts prohibited by that statute.

      History:   L. 1972, ch. 32, § 2; L. 1975, ch. 33, § 3; L. 1976, ch. 48, § 2; L. 1977, ch. 40, § 1; L. 1982, ch. 144, § 2; L. 1985, ch. 48, § 2; L. 2001, ch. 112, § 5; Apr. 26.


     KSA 8-286.   Habitual violator; revocation of driving privileges. Whenever the files and records of the division shall disclose that the record of convictions of any person is such that the person is an habitual violator, as prescribed by K.S.A. 8-285 and amendments thereto, the division promptly shall revoke the person's driving privileges for a period of three years.

 

Frequently asked questions about Kansas and Johnson County habitual violator charges/cases:

Q.  How does a driver become a "habitual violator?"

A.  You can be declared a "habitual violator" by the Kansas Department of Revenue's Driver's License Bureau in a number of ways.  The relevant statute (below) is KSA 8-285 which declares a driver is declared a "habitual violator" if they are convicted of 3 of the following charges in an 5 year period:

  1. Driving under the influence (DUI/DWI) in Johnson County, Kansas, or any other state or city.  This includes DUI diversions granted in Johnson County District Court or any other municipal court in Johnson County, if the driver does not win the administrative driver's license hearing that is associated with nearly every Kansas DUI charge.
  2. Driving while suspended or revoked in Johnson County, Kansas or any other state or city in Kansas. (KSA 8-262, KSA 8-252a).
  3. Driving without insurance in Johnson County, or any other County or city in Kansas.  (KSA 40-3104),
  4. Any felony, if a motor vehicle (car or motorcycle) was used in the commission of the crime.
  5. Vehicular homicide in Johnson County, or elsewhere in Kansas.
  6. Perjury in violation of (KSA-261a).
  7. Violation of the fifth clause of (KSA 8-142), and amendments relating to fraudulent applications.

Q.  What is the penalty for being declared a "habitual violator" by the Kansas Department of Revenue?

A.  The main penalty for being declared is that the Kansas Department of Revenue will suspend your license for THREE YEARS, in addition to any other suspensions you may have on your record. 

This is yet another reason why it is crucial to have one our Olathe law office's Johnson County traffic attorneys/lawyers representing you in your case.

Q.  What are other penalties involved with being declared a "habitual violator" in Johnson County, KS?

A.  You will be required to keep a "SR-22" on file with the Kansas Department of Revenue for 12 consecutive months.  An SR-22 is essentially a "proof of insurance" filing and adds an additional expense to your insurance rates. 

The 12 month “proof of insurance filing” (SR-22) required by the state must be maintained continually throughout the year with no lapse in coverage. If even a one day lapse occurs and Topeka is notified, the 12 month SR-22 filing requirement re-starts, requiring a new twelve months of filing. This requirement applies whether or not such person owns a motor vehicle.

Q.  How much do your attorneys charge to handle "habitual violator" cases in Johnson County, Kansas?

A.  We have no set fee for "habitual violator" representation.  When you hire an attorney, you are essentially buying the attorney's time.  

With this in mind, the cost to hire one of our Johnson County traffic attorneys will depend on the complexity of your case and the expected and actual time it takes us to resolve your case.

We do our best for every client.  Please keep in mind that no attorney can guarantee results, nor can we.  There is a possibility that you could hire an attorney to handle your "habitual violator" case and not see successful results.

 

 

QUICK LINKS

 

Johnson County, Kansas Traffic Law Center | Traffic & Speeding Ticket Amendment Lawyers-Lawyers-Law Firm | Amendments, Diversions, Legal Representation

The traffic attorneys in our Johnson County law office represent drivers with speeding & traffic tickets/citations in Johnson County District Court and all municipal courts.  Our law firm's traffic lawyers negotiate with prosecutors to minimize or eliminate the negative affects of speeding/traffic tickets have on driving records & insurance rates.  We routinely keep our clients'  licenses "clean," saving them hundreds or thousands of $$$ in auto insurance premium increases.  Our traffic law firm's lawyers represent drivers on driving while suspended (DWS), habitual violator, or driving under the influence (DUI/DWI) cases.

To contact a Johnson County traffic attorney: call 913-764-5010 or email info@JoCoTraffic.com

Our firm's traffic lawyers "fix" Johnson County, Kansas tickets & citations!

The Law Offices of Jeremiah Johnson, LLC., is based in Kansas, and serves the surrounding areas in Kansas

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