Kansas traffic laws govern how drivers in the state should behave. Knowledge and adherence to these laws are essential for maintaining safety and preventing accidents and legal troubles.
The Kansas Department of Revenue (DOR), particularly its Division of Vehicles, along with the Kansas Highway Patrol (KHP) and local law enforcement agencies, regulate and enforce traffic rules in the state. These authorities administer driving-related policies and penalize those found violating them.
Individuals who violate Kansas' rules of the road can face various consequences. These can impact their driving privileges, increase insurance rates, and tarnish personal records. In addition, violators can face criminal penalties such as fines and jail or prison sentences.
By adhering to traffic laws, drivers in Kansas can avoid the mentioned penalties. Besides that, by practicing responsible driving behaviors, motorists can contribute to a safer road environment, leading to fewer accidents on state roadways.
What Are the Major Traffic Violations in Kansas?
Kansas State Statutes Chapter 8 details the lawful use of automobiles and other vehicles in the state. Specifically, Article 15 outlines the state's road regulations, laws, and penalties for those committing traffic violations.
In Kansas, traffic violations are categorized as either moving or non-moving violations.
A moving violation occurs when the vehicle is in motion and is typically classified as a misdemeanor. The serious nature of moving violations in Kansas can lead to severe penalties, including fines, increased insurance premiums, and license suspension or revocation. Repeat offenses can escalate a misdemeanor to a felony, further intensifying the legal repercussions.
Conversely, non-moving violations happen when the vehicle is stationary. These are often considered infractions and generally result in minor fines. These violations typically do not add violation points to the driver's record and have less impact on insurance rates and driving privileges.
Felony Traffic Violations in Kansas
In Kansas, felony traffic violations are considered serious offenses involving crimes against people, property, or the public. They are distinguished by severity and result in harsh penalties outlined in the state statutes.
Felony offenses in Kansas are classified into the following categories:
- Class A: The most severe felony offense punishable by life imprisonment.
- Class B: This type of felony is punishable by a minimum of five years, up to 20 years to life imprisonment.
- Class C: It carries at least three to five years, up to 10 to 20 years imprisonment.
- Class D: This offense is punishable by one to two years, up to five to ten years imprisonment.
- Class E: This felony class carries a minimum of one year of jail time and a maximum of two to five years imprisonment.
- Unclassified felonies: These are penalized according to the offenses specified in Kansas statutes. If not specified, they are treated as Class E felonies.
Criminal traffic violations in Kansas are typically not classified as felonies. Still, certain offenses can be considered felonies based on factors such as the degree of the offense, the presence of aggravating factors, and the offender's criminal record.
Among the examples of felony traffic violations in the state are the following:
- Third and subsequent driving under the influence (DUI) offenses (with a prior criminal record)
- Fleeing or attempting to flee a police officer (third and subsequent offenses)
- DUI with aggravated child endangerment
- DUI with aggravated battery
- Involuntary manslaughter
- Fleeing the scene of an accident involving bodily harm or death
Traffic Misdemeanors in Kansas
Most criminal traffic offenses in Kansas are misdemeanors. These offenses also involve crimes against individuals, property, or the public but are less serious than felonies, which carry penalties of up to one year in local or county jail.
Kansas laws classifies misdemeanors into the following categories:
- Class A misdemeanors: These are the most serious and can result in up to one year in jail, fines up to $2,500, or both.
- Class B misdemeanors: These are punishable by a maximum of six months in jail and fines up to $1,000.
- Class C misdemeanors: The least serious, with penalties of up to one month in jail and fines of up to $500.
- Unclassified misdemeanors: The penalties for these offenses are determined by the relevant statutes or treated as Class C misdemeanors if not defined.
Examples of traffic misdemeanors in Kansas are the following:
- Vehicular homicide
- DUI (first and second offense)
- Reckless driving (first offense)
- Fleeing a police officer (first offense)
- Following another vehicle too closely
- Drag racing
Traffic Infractions in Kansas
Traffic infractions in Kansas encompass a range of non-criminal violations related to traffic and road usage laws. These are considered the least severe offenses in the state and typically result in fines issued through traffic tickets or citations.
Common examples of traffic infractions in Kansas State include:
- Driving at an unsafe speed, given the current conditions
- Exceeding the maximum speed limit by a small margin (1-10 mph)
- Disregarding traffic control signals
- Driving on the left side of the roadway
- Making improper "U" turns
- Starting a stopped vehicle in an unsafe manner
- Driving on sidewalks
- Having defective headlamps
- Unlawfully parking at the statehouse
Kansas DUI Laws
Kansas DUI laws, as outlined in Kansas Statutes Sections 8-1567 and 8-1567a, prohibit individuals from operating a vehicle while under the influence of alcohol or drugs that renders the person incapable of driving a motor vehicle safely.
More specifically, according to the mentioned codes, it is illegal to drive in Kansas if a driver 21 years or older has a blood alcohol concentration (BAC) exceeding 0.08% or 0.02% if the driver is under 21 years.
If caught violating these rules, offenders will face ranging penalties.
Penalties for DUI Offenses in Kansas
The penalties for DUI offenses in Kansas vary. However, it often includes administrative and criminal penalties and additional penalties for those who refuse to take a BAC test.
Below are the penalties imposed for those found guilty of DUI in the state:
BAC Test Refusal
Holding a driver's license in Kansas means giving "implied consent" to alcohol testing if stopped on suspicion of DUI. Refusal to undergo testing is a distinct offense, often leading to license suspension regardless of DUI verdict.
The penalties for refusal to undergo testing apply uniformly to all drivers. For a first offense, offenders will have their license suspended for one year, mandatory installation of an ignition interlock device (IID) for two years, and pay a $600 reinstatement fee.
Repeat refusals escalate the fees and duration of the IID. Meanwhile, those convicted of both DUI and refusing the test may face increased fines and prolonged license suspension.
Administrative Penalties
In Kansas, individuals convicted of DUI face significant administrative penalties. For those over 21, this includes a 30-day license suspension, mandatory installation of an IID for a period ranging from six months to one year, and a $200 driver's license reinstatement fee.
Violators under 21 can expect a 30-day license suspension and must have an IID installed for at least 330 days for a first offense.
Note that subsequent offenses lead to escalated penalties for drivers of all ages. Reinstatement fees may soar up to $1,500, and the DOR reserves the right to mandate IID usage for up to a decade.
Criminal Penalties
Since DUI is considered a criminal offense in Kansas, offenders will face criminal penalties in addition to the administrative penalties mentioned.
A first DUI conviction in the state carries a fine ranging from $750 to $1,000 and is punishable by a minimum of 48 hours of jail time. In addition, violators must complete 100 hours of community service, face license revocation, and complete mandatory alcohol and drug treatment programs at their expense.
Besides that, those convicted of first DUI in the state must settle court costs and face increased insurance rates.
If the arrested individual is driving a commercial vehicle, they will not only face the same penalties mentioned above, but they will automatically lose their CDL for one year.
Note that the mentioned penalties are for those convicted of DUI for the first time. These repercussions will increase if the offender commits subsequent DUI offenses.
Check out the Kansas DUI Laws provided by the Kansas Department of Transportation (KSDOT) to learn the state's detailed penalties for subsequent DUI offenses.
Kansas Speeding Violations
Speeding is a prevalent traffic infraction in Kansas that significantly heightens the risk of accidents and severe injuries. In line with this, the KHP enforces specific speed limits based on road type and location. These are as follows:
- Rural freeways: Minimum 40 mph, maximum 75 mph
- Kansas Turnpike: Minimum 40 mph, maximum 75 mph unless otherwise posted
- Highways in rural areas: 70 mph
- Two-lane highways: 65 mph
- Two-lane paved highways: 55 mph unless otherwise posted
- Residential areas: 30 mph unless otherwise posted
If individuals violate the mentioned speed limits, they will face fines, which vary depending on how much they exceed the limit. The following is the breakdown of speeding fines in the state:
- 1-10 mph over the limit: $45
- 11-20 mph over the limit: $45 plus $6 for each mph over ten mph
- 21-30 mph over the limit: $105 plus $9 for each mph over 20 mph
- 31 mph or more over the limit: $195 plus $15 for each mph over 30 mph
How Does Kansas' DMV Point System Work?
Kansas operates differently from other states by not utilizing the traditional point system for tracking driving violations. Instead, it focuses on the frequency of moving violations committed within a 12-month timeframe.
For instance, if a driver accumulates three moving violations in a year, the Kansas DOR can potentially suspend the offender's license for up to a year. In cases where an individual is found guilty of three severe moving violations within five years, the DOR will automatically suspend the driver's license for three years and label the individual as a habitual violator.
Beyond license suspension, drivers with a history of traffic offenses in Kansas commonly experience heightened insurance costs due to being perceived as high-risk by insurance providers.
How Long Do Traffic Violations Stay on Kansas Driving Record?
In Kansas, the duration for which a traffic violation stays on a driver's record depends on the seriousness of the infraction.
Minor offenses like speeding tickets stay on the record for three years. Conversely, more severe offenses, like driving while suspended, remain on the record for five years. DUI convictions, however, have a lasting impact as they endure on the record for the driver's lifetime.
In certain instances, Kansas courts offer drivers the opportunity to participate in diversion programs, which enable them to have the violation expunged from their record upon successful completion. Additionally, drivers can request some courts to amend a moving violation to a non-moving violation, preventing it from being documented on the driving record.
What Is the Process for Handling Traffic Tickets in Kansas?
If an individual is pulled over for a traffic violation in Kansas, the officer will issue a ticket with the violation details. Drivers can respond to this ticket by paying the fine or contesting it in court. More information regarding these options is outlined below:
Pay the Ticket
Choosing to pay the fine or fees listed on a traffic ticket in Kansas is often seen as an admission of guilt. While this may impact one's driving record and potentially increase auto insurance costs, it is generally a more straightforward and cost-effective option compared to challenging the ticket.
Typically, traffic tickets in Kansas can be paid online, by mail, or in person.
To pay a traffic ticket online, individuals must access the Make Payments Portal on the KHP website and provide relevant details such as citation number, case number, party name, and driver's license information. Debit or credit cards are accepted for online payments.
For payments by mail, the offender must indicate their plea on the back of the ticket, sign and date it, and enclose a personal cheque or money order for the specified fines. The payment should be sent to the traffic court handling the ticket.
Meanwhile, individuals interested in paying in person can visit the courthouse during regular business hours. They can pay using cash, money orders, personal cheques, and credit cards. However, a photo ID may be required for verification, depending on the chosen payment method.
Contest the Ticket
Motorists who believe they have received a traffic ticket unfairly in Kansas can request a contested hearing from the traffic court in their jurisdiction.
To initiate this process, individuals must indicate their request for a contested hearing on the traffic citation and submit it to the court before the deadline for fine payment specified on the ticket. The court will then schedule a hearing where the individual can present their case with or without legal representation.
If the individual is found not guilty during the hearing, any collateral paid may be refunded, and the charges against them may be dismissed.
However, if the court finds the individual guilty, they may face fines, license suspension, changes to their driving record, additional penalties, or even jail time, as decided by the judge.
It is crucial for individuals contesting a traffic ticket in Kansas to attend the court proceedings. If an individual misses a court date, the judge's disposition towards the offense may be influenced.
Furthermore, failure to appear may result in additional charges such as fines, jail time, or both. The court may also issue a warrant for the individual's arrest for failing to attend the scheduled court date.
How Are Accident Reports Handled in Kansas?
Motorists in Kansas involved in an accident are required by Kansas Statutes Section 8-1604 to file an accident report if:
- The incident resulted in property damage exceeding $1,000
- The accident caused injuries or fatalities
- The vehicle owner is absent or unable to communicate
When law enforcement officers respond to the scene, they file the accident report, alleviating the need for the drivers to do so separately. However, if the police do not arrive, drivers must personally submit the report by phone or in person at the nearest police station. Failure to comply can lead to legal repercussions for leaving the accident scene without reporting.
Among the information needed when filing an accident in Kansas includes:
- Date, time, and location of the accident
- Vehicle information such as make, model, year, and license plate
- Driver information such as name, address, phone, driver's license, and insurance
- Witness information, if available
- Description of how the accident occurred
- Diagrams or photos of the accident scene
- Any injuries or property damage sustained
How To Get a Copy of a Crash Report in Kansas?
Acquiring a copy of a crash report in Kansas is essential for various purposes, including insurance claims and legal matters. Insurance companies rely on these reports to determine liability and assess compensation. At the same time, the reports serve as valuable evidence in potential lawsuits stemming from the incident.
Individuals can utilize the KHP services to obtain a copy of a crash report. Requests can be made online through the Records Portal, in person, or via a written submission to the Records Department at General Headquarters.
When making a request, individuals must furnish specific details such as the case number, the incident's date and location, and the parties' names.
Note that a nominal fee of $5 applies for crash reports, with an additional $2 per witness statement. Any other associated costs will be communicated at the time of the request.
What Should Drivers Know about Traffic-Related Arrests in Kansas?
In Kansas, drivers should be aware that traffic-related arrests can occur for offenses such as DUI, attempting to evade law enforcement, or causing involuntary manslaughter.
State law enforcement officials can arrest drivers based on probable cause, with or without a warrant, if they suspect a violation has been committed. Upon arrest, drivers are taken into custody to address the alleged offense.
Drivers who are arrested have certain rights, including the right to remain silent, request legal representation, and contest the legality of the arrest in court.
Typically, drivers arrested for traffic violations can face numerous consequences. They can face fines, jail or prison time, and license suspension or revocation. They will also have a permanent criminal record, which can lead to increased insurance premiums and difficulty finding employment.
For those facing arrest, seeking assistance from a skilled criminal defense attorney specializing in traffic violations is advisable. These legal professionals can advocate for the driver, negotiate with prosecutors, work towards reduced charges, and construct a robust defense. Additionally, eligible individuals can dismiss the citation by completing a driving school course.