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Law Office of Richard E. Oswalt
"The Habitual Driving statute"
3-Year License Suspension
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Probably the least understood traffic law, but most devastating to a Kansas driver’s driving privileges, is the “Habitual Driving statute”. (KSA 8-285, and KSA 8-286.) I will list below a brief overview of this statute.
 

Note! Please note this is not intended to be a complete review of this law, simply an overview of the suspension provisions of this law. As with all sections discussed in this website, review the Kansas statutes, as well as talk to legal council to fully understand your rights. There may be other Kansas laws you are subject to if you are charged under this statute.
 

First,

A Habitual violator is defined ( 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.

Second,

Whenever the files and records of the division 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 revoke the persons driving privileges for a three year period. (KSA 8-286)
 

Third,

Fines & Criminal Penalties
All court fines, reinstatement fees, as well as the Criminal penalties (jail term) associated with a  conviction of this charge have not been discussed. Please consult with a legal council to fully explain all penalties and fines associated with a conviction for this offense.
 

Note ! There may be defenses to being declared a “Habitual Violator”. As with any serious driving charge, you should explore your legal defenses to such a suspension if you are revoked under this statute. Due to the seriousness of being declared an Habitual Driver, and the lasting effect of such a classification, it is highly recommended that you seek the help of a legal council familiar with this law. There may be other Kansas laws you are subject to if you are found to be a Habitual driver.

Toll Free 800-287-0940
or 620-728-0388
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