▼

Attorney - Traffic

Show All Answers

1. Can my speeding ticket be lowered to a non-moving violation?

Only if it falls within the diversion guidelines. Under no circumstances will a ticket in a school zone or construction zone be considered.

2. I received a speeding ticket and do not believe that I was speeding or there was another car by me, what can I do?

Come to court on your scheduled date at the bottom of your ticket. You may plead not guilty and a trial before the Magistrate Judge will be scheduled. At trial, the officer will testify and you will have the opportunity to ask the officer questions. Then the Judge will hear your version of what happened. The Judge will then render a verdict of not guilty or guilty. Such trials usually take only 30 minutes.

3. I received a ticket for Driving While Suspended(DWS) and I did not know that my license was suspended or I thought that it was already cleared up, what can I do?

The first thing you should do is call the Department of Revenue, Driver Control Bureau in Topeka, Kansas at (785)296-3671, if it's suspended in Kansas, and ask them why your license is suspended and what they need from you to clear the matter up. If you have proof that your license has been reinstated, bring that in to the Riley County Attorney's Office or to Court on your appearance date. If you were eligible for reinstatement and you were not suspended for a DUI or other alcohol related offense, or you are not under another suspension, that charge will be dismissed. Normally, when you have provided the required documentation to Driver Control Bureau, such as proof of insurance from your insurance carrier, proof that a fine was paid, etc. and pay the reinstatement fee, currently $100.00, they will issue you a letter stating that your license is reinstated. BE SURE TO CHECK WITH THE DEPARTMENT OF REVENUE FOR THE DOCUMENTATION THAT IS REQUIRED. The number to the Driver Control Bureau is: (785) 296-3671.

Reasons that your license may be suspended that you may not be aware of are:

• failure to pay a fine, court costs, and/or reinstatement fee

• an automobile accident whether you are at fault or not and you were not insured

• no insurance coverage

ALWAYS notify the Department of Revenue whenever your address changes. Any notices regarding your license will be sent to the last address that you provide them. You will be prosecuted for DWS even if you did not receive notice of suspension from the Department of Revenue because you failed to proved them with a change of address.

4. What are the fines for Driving While Suspended?

The fines for this type of offense often change. Furthermore, a judge decides the amount you are fined. You should consult an attorney if you want to know the possible punishment for this offense. As of July 1, 2002, if you were not suspended for a DUI, possible punishment for a first time offense is:

• $100.00 fine

• $54.00 court costs

• 5 days in the county jail(this may be suspended depending on your prior record)

**NOTE: a more severe punishment may be ordered if your license was suspended because of a DUI.

5. I received a ticket for no insurance. I have insurance, but did not have my card on me, what can I do?

Bring in your proof of insurance coverage to the Riley County Attorney's Office or on your scheduled court appearance. As long as you had insurance coverage on the date you received the ticket, the charge will be dropped. Our office will verify this proof by calling your insurance carrier. Consult an attorney to discuss your options.

6. Can an arrest warrant be issued for traffic tickets?

Yes, depending on the offense. Normally on traffic infractions, if you do not pay your ticket in 30 days, a letter will automatically go out to your last known address or the address that appears on the ticket, stating that you have not paid your fine and that your license will be suspended. If you are scheduled for a court appearance for misdemeanor or felony offense and you do not show up, the judge may order a warrant for your arrest.

7. I received a Driving Under the Influence (DUI) ticket, am I eligible for a diversion?

Only if this is your first DUI, you have no prior alcohol related offenses, no one was hurt, or you have no prior misdemeanor or felony convictions; or any other circumstances that the prosecutor assigned to the case believes makes you ineligible. The decision to grant a diversion lies solely with the Riley County Attorney's Office. Possible punishment for a first time offense is:

• 48 hours mandatory jail term

• sentence up to 6 months in county jail or 100 hours of community service

• fine from $500.00 to $1,000.00 plus $54.00 court costs

• enroll and successfully complete an alcohol and drug safety education program or approved treatment program

• if at the time, you had a child less than 14 years old in your vehicle, an additional 1-month will be added to your sentence

• probation may be granted, at the discretion of the judge, for up to 12 months after serving the mandatory 48 hours

***NOTE: You are encouraged to seek an attorney's advice concerning any questions you may have. We cannot give advice to anyone.