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What is the law for driving while suspended for the third time in Kansas? Is there jail time involved?


A

In Kansas, the penalties for being convicted of driving on a suspended license for a third time are quite severe and do include jail time. In general the penalties for driving while suspended include:

  • an additional 90 days suspension of your license, after you clear up the original reason on your driving record that has caused your license to be suspended, prior to this conviction;
  • requirement that you maintain proof of automobile insurance (SR-22 filing) with the KS Driver Control Bureau for a period of twelve (12) consecutive months;
  • a reinstatement fee of either $ 100 or $ 300, depending upon your driving record. (KSA 40-3118 (f)); and
  • this conviction is one of the three necessary convictions used by the Driver Control Bureau to revoke your driver's license under the Kansas "Habitual Driving Statute" for a three year period.

A Habitual violator is defined under Kansas Statutes Annotated (KSA) 8-285 as a Kansas Driver, whom within the immediately preceding five (5) years, has been convicted three or more times of any combination of the following:

  1. Vehicular homicide (KSA 21-3405).
  2. DUI - including a Diversion Agreement for this offence (KSA 8-1567).
  3. Driving while Suspended or Revoked (KSA 8-262, KSA 8-252a).
  4. Perjury in violation of (KSA-261a).
  5. Violation of the fifth clause of (KSA 8-142), and amendments relating to fraudulent applications.
  6. Any crime punishable as a felony, if a vehicle was used in that crime.
  7. Failing to stop at the scene of an accident and perform duties required by (KSA 8-1602 - 1604).
  8. Violating the Vehicle Insurance provisions of (KSA 40-3104), relating to Driving With No Vehicle Liability Insurance

The Ks law goes on to say that whenever the files and records of the Division of Motor Vehicles (DMV) disclose that the record of conviction of a person is such that the person is a Habitual violator, as prescribed in KSA 8-285, and amendments thereto, the division will promptly revoke the persons driving privileges for a period of three (3) years. (KSA 8-286).

So beyond the penalties for driving on a suspended license if you are convicted of this offense for a third time you will also be considered a habitual violator to the best of our knowledge and thus you will have your license revoked for 3 years.

Back to the penalties for a third offense of driving on a suspended license, KSA 8-262 is what this would fall under. Here it states that driving while your driver's license is canceled, suspended or revoked for the second or subsequent conviction is a Class A nonperson misdemeanor. Except as otherwise provided by subsection (a)(4) [those driving while suspended due to a DUI] or (c), every person convicted under this section shall be sentenced to at least five days' imprisonment and fined at least $100 and upon a second conviction shall not be eligible for parole until completion of five days' imprisonment

The KS Highway Patrol gave us information on the penalties for a Class A nonperson misdemeanor. They said that it comes with a fine of between $1000 - $1500 and jail time of between 90 days to 1 year.

Subsection (c) of KS 9-262 may apply to your situation, here it states:

(1) The person found guilty of a class A nonperson misdemeanor on a third or subsequent conviction of this section shall be sentenced to not less than 90 days imprisonment and fined not less than $1,500 if such person's privilege to drive a motor vehicle is canceled, suspended or revoked because such person:

(A) Refused to submit and complete any test of blood, breath or urine requested by law enforcement excluding the preliminary screening test as set forth in K.S.A. 8-1012, and amendments thereto;

(B) was convicted of violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage;

(C) was convicted of vehicular homicide, K.S.A. 21-3405, and amendments thereto, involuntary manslaughter while driving under the influence of alcohol or drugs, K.S.A. 21-3442, and amendments thereto, or any other murder or manslaughter crime resulting from the operation of a motor vehicle; or

(D) was convicted of being a habitual violator, K.S.A. 8-287, and amendments thereto.

(2) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.

The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.

If you were cited for third offense of driving with suspended driver's license in Kansas and want to find out more about the penalties that may be handed down for a conviction of this charge, contact the court listed on your ticket and/or the Kansas DMV, a part of the KS Department of Revenue.


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