Driving on a Suspended License in Kansas
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Like drivers across the United States, Kansans may lose their driver’s licenses for a variety of reasons. Alcohol offenses, too many tickets, and certain other convictions may cause your Kansas driver’s license to be suspended or revoked. You may be charged with a crime if you drive while your license is suspended or revoked.
Reasons for Suspension or Revocation
Your license may be suspended or revoked for certain traffic offenses, including:
- three or more moving violations within 12 months
- a moving violation when your license was restricted, suspended, or revoked, or
- frequent enough serious traffic violations that the state believes you disrespect traffic laws and disregard safety
- being convicted of driving under the influence, failing or refusing a test to determine whether you are under the influence of alcohol, or
- two or more convictions for failing to pay for fuel. (Kan. Stat. § 8-255(a), § 8-1014, § 21-3765.)
Your driver’s license may be revoked if you are convicted of certain crimes, including:
- aggravated vehicular homicide, in certain circumstances
- vehicular homicide
- vehicular battery
- failure to stop after a crash that injured or killed someone
- reckless driving
- a felony, if a vehicle was used to commit it, and
- eluding or attempting to elude a police officer. (Kan. Stat. § 8-254(b).)
Your license may be suspended or revoked for other reasons as well.
Reinstating Your License
You should not drive while your license is suspended or revoked. When your period of suspension or revocation has ended, you may need to pay fees, submit to an examination, or complete other requirements in order to regain your license.
If your license was suspended or revoked for certain alcohol offenses, including DUI, you may have to take an exam before your license is reinstated. (Kan. Stat. § 8-241(a).) You may have to pay a $25 examination fee along with a reinstatement fee between $100 and $1,000, depending on whether you have prior suspensions or revocations. (Kan. Stat. § 8-241(b).)
Criminal Charges for Driving on a Suspended or Revoked License
Driving on a suspended or revoked license is a misdemeanor in Kansas.
For a first offense, you may be charged with a class B nonperson misdemeanor. (Kan. Stat. § 8-262(a)(1).) The maximum penalty for this charge is six months in jail and a $1,000 fine. (Kan. Stat. § 21-4502(1)(b), § 21-4503(c)(2).)
For a second or subsequent offenses, you may be charged with a class A nonperson misdemeanor. The maximum sentence for this type of charge is one year in jail and a $2,500 fine. (Kan. Stat. ç 21-4502(1)(a), § 21-4503(c)(1).)
As noted, the above sentences are maximum sentences. If convicted, your actual sentence may be determined by many factors. In some cases, you may face a minimum sentence of five days confinement and a fine of at least $100. (Kan. Stat. § 8-262(a)(3).) If the conviction is your second, you may not be eligible for probation until you complete five days in jail. (Kan. Stat. § 862(a)(3).)
In certain circumstances, you may have a minimum sentence of 90 days in jail and a $1,500 fine. You may receive such a sentence if:
- you have two or more previous convictions for driving on a suspended or revoked license, and
- your license is suspended or revoked because you refused a law enforcement officer’s request to take a blood, breath or urine test or because of certain convictions relating to vehicle insurance, vehicular homicide or being a habitual offender. (Kan. Stat. § 8-262(c).)
You may receive a minimum sentence for other reasons too.
In addition to fines and jail time, a conviction may cause your license to be suspended or revoked for a longer period of time. (Kan. Stat. § 8-262(b).)
Legal Help for Charges of Driving on a Suspended or Revoked License
If you are charged with driving on a suspended or revoked license, you face potentially serious consequences. In addition to the prospect of fines and jail time, you may have difficulty keeping a job, completing your education, and living your life in general. If you are convicted of this crime, your sentence will depend on many factors other than minimum and maximum sentences provided. The attitude of your prosecutor, judge, and community toward the crime will also determine your sentence. An attorney who is familiar with how these cases are handled in your courthouse will be able to provide guidance on your case.