Legal Help with License Suspension
If you have been charged with Driving While Supended you need legal advice from an experienced traffic lawyer, and you need it now. Getting caught driving when your license is suspended is a severe offense in Kansas and has stiff penalties. Even for a first offense, a conviction of driving while suspended carries MANDATORY JAIL TIME.
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License Suspension Frequently asked Questions
Q: I didn't know my license was suspended am I still in Trouble?A: If you are caught driving while suspended, it does not matter if you knew or did not know your license was suspended.
Q: Can I really go to Jail?
A: If you are convicted, Yes you will have a mandatory five days in jail.
Q: How can a Lawyer help?
A: Having an Attorney that knows what to do with a Suspended License case is often the difference between Jail Time and just a fine. An experienced attorney can track down why your license was suspended and fix it, then get your license reinstated and avoid a conviction and jail time.
Q: Will I have to go to court if I hire an Attorney?
A: In many cases, an Attorney can handle a suspended license case without the client ever setting foot inside the courtroom.
Q: How much does it cost to hire an attorney?
A: Each case is different and presents different challenges to overcome before an attorney can get your license reinstated. Call my office and talk with me directly, I can usually give you a quote over the phone after a little research into your driving history.
Q: What are the different punishments for driving on a suspended license?
A:It varies widely from jurisdiction to jurisdiction and case to case. Some jurisdictions are more harsh on drivers, others are more lieniant. An experienced attorney can give you insight into your particular circumstance.
Q: Can an Attorney keep me out of jail?
A: You have an increased chance of staying out of jail if you are represented by an attorney. An attorney can work to get your license reinstated and negotiate an amendment to the charge of Driving while suspended to a lesser charge, that doesn't have mandatory jail time.
Q: If my license is not able to be reinstated can an attorney still keep me out of jail?
A: You have an increased chance of staying out of jail if you are represented by an attorney. An attorney can work to negotiate an amendment to the charge of Driving while suspended to a lesser charge, that doesn't have mandatory jail time. If the prosecutor is unwilling to negotiate, an attorney can offer up mitigating circumstances to the judge and possibly get get the mandatory jail time suspended.
Q: What is a Habitual Violater?
A: A "Habitual Violator" as outlined in KSA 8-285 is a person licensed in Kansas that within the past five years, has been convicted of three or more of any combination of the following offenses.
1. DUI (Including those on Diversion)
2. Vehicular Homicide (KSA 21-3405)
3. Driving While Suspended (KSA 8-262)
4. Driving While Revoked
5. Violation of the 5th Clause of (KSA 8-142)
6. Any Felony if a vehicle was used in the crime
7. Failureeee to stop at the scene of an accident and perform duties required by (KSA 8-1602-1604)
8. Driving with No Vehicle Liability Insurance (KSA 40-3104)
Q: What happens if I become a Habitual Violator?
A: If you are deemed a habitual violator based on your record per KSA 8-285, your driving license will be revoked for three years.
Q: Can my license be suspended if I'm in an accident and I don't have insurance?
A: Your license will be suspended unless proof of insurance is furnished to the Department of Revenue, Driver Control Bureau for the date of the accident, on the vehicle involved in the accident.
Q: Can my license be suspended even if I wasn't the driver?
A: If you own the car then you can be subject to a suspension if the vehicle was involved in an accident even if you weren't the driver. (See KSA 40-3104 (h), KSA 40-3118.)
Q: If my license is suspended can I get a Hardship License?
A: No, Kansas has no provisions for a Hardship license. Simply put they do not exist in Kansas.
Q: What kind of punishment can I get if convicted of driving on a suspended license?
A: A first time conviction for driving on a suspended license is a class B misdemeanor and is punishable by a mandatory jail sentence of 5 days, and up to 6 months in jail.
Q: What kind of Punishment can I get for a second or subsequent conviction?
A: A second or subsequent conviction is punishable by up to a year in jail and is a Class A misdemeanor.
Questions about the New KS Law (Effective July 1, 2011)
Q: What can I do if my license has been revoked?A: We may be able to help reduce your revocation term. New law passed on July 1, 2011 creates an avenue to reevaluate revocations.
Q: If I already have a suspended license because of a DUI can an attorney help me get my license back?
A: We may be able to help you get your license back. New law passed on July 1, 2011 creates an avenue to reevaluate suspensions. An attorney may be able to drastically reduce your suspension and get your license back far sooner under the new law.
Q: If I have a suspended license from a DUI, can an attorney get the ignition interlock device out of my car faster?
A: New law passed on July 1, 2011 creates an avenue to reevaluate the term in which a person must maintain an ignition interlock device. An attorney can petition to have your case reevaluated under the new law and possibly drastically reduce the amount of time you must have an ignition interlock device.