Printable Format8-255. Restriction, suspension or revocation of driving privileges by division of vehicles; grounds; procedure for restriction, suspension or revocation; driver improvement clinics; reinstatement fee. (a) The division is authorized to restrict, suspend or revoke a person's driving privileges upon a showing by its records or other sufficient evidence the person:
(1) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(2) has been convicted of three or more moving traffic violations committed on separate occasions within a 12-month period;
(3) is incompetent to drive a motor vehicle;
(4) has been convicted of a moving traffic violation, committed at a time when the person's driving privileges were restricted, suspended or revoked; or
(5) is a member of the armed forces of the United States stationed at a military installation located in the state of Kansas, and the authorities of the military establishment certify that such person's on-base driving privileges have been suspended, by action of the proper military authorities, for violating the rules and regulations of the military installation governing the movement of vehicular traffic or for any other reason relating to the person's inability to exercise ordinary and reasonable control in the operation of a motor vehicle.
(b) (1) The division shall:
(A) Suspend a person's driving privileges:
(i) When required by K.S.A. 8-262, 8-1014 or 41-727, and amendments thereto;
(ii) upon a person's second conviction of theft, as defined in subsection (a)(5) of K.S.A. 21-5801, and amendments thereto, for six months; and
(iii) upon a person's third or subsequent conviction of theft, as defined in subsection (a)(5) of K.S.A. 21-5801, and amendments thereto, for one year;
(B) disqualify a person's privilege to drive commercial motor vehicles when required by K.S.A. 8-2,142, and amendments thereto; and
(C) restrict a person's driving privileges when required by K.S.A. 39-7,155, and amendments thereto.
(2) As used in this subsection, "conviction" means a final conviction without regard to whether the sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. "Conviction" includes being convicted of a violation of K.S.A. 21-3765, prior to its repeal, or subsection (a)(5) of K.S.A. 21-5801, and amendments thereto.
(c) When the action by the division restricting, suspending, revoking or disqualifying a person's driving privileges is based upon a report of a conviction or convictions from a convicting court, the person may not request a hearing but, within 30 days after notice of restriction, suspension, revocation or disqualification is mailed, may submit a written request for administrative review and provide evidence to the division to show the person whose driving privileges have been restricted, suspended, revoked or disqualified by the division was not convicted of the offense upon which the restriction, suspension, revocation or disqualification is based. Within 30 days of its receipt of the request for administrative review, the division shall notify the person whether the restriction, suspension, revocation or disqualification has been affirmed or set aside. The request for administrative review shall not stay any action taken by the division.
(d) Upon restricting, suspending, revoking or disqualifying the driving privileges of any person as authorized by this act, the division shall immediately notify the person in writing. Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments thereto, and subsections (c) and (g), if the person makes a written request for hearing within 30 days after such notice of restriction, suspension or revocation is mailed, the division shall afford the person an opportunity for a hearing as early as practical not sooner than five days nor more than 30 days after such request is mailed. If the division has not revoked or suspended the person's driving privileges or vehicle registration prior to the hearing, the hearing may be held within not to exceed 45 days. Except as provided by K.S.A. 8-1002 and 8-2,145, and amendments thereto, the hearing shall be held in the person's county of residence or a county adjacent thereto, unless the division and the person agree that the hearing may be held in some other county. Upon the hearing, the director or the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require an examination or reexamination of the person. When the action proposed or taken by the division is authorized but not required, the division, upon the hearing, shall either rescind or affirm its order of restriction, suspension or revocation or, good cause appearing therefor, extend the restriction or suspension of the person's driving privileges, modify the terms of the restriction or suspension or revoke the person's driving privileges. When the action proposed or taken by the division is required, the division, upon the hearing, shall either affirm its order of restriction, suspension, revocation or disqualification, or, good cause appearing therefor, dismiss the administrative action. If the person fails to request a hearing within the time prescribed or if, after a hearing, the order of restriction, suspension, revocation or disqualification is upheld, the person shall surrender to the division, upon proper demand, any driver's license in the person's possession.
(e) In case of failure on the part of any person to comply with any subpoena issued on behalf of the division or the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the district court of any county, on application of the division, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court. Each witness who appears before the director or the director's duly authorized agent by order or subpoena, other than an officer or employee of the state or of a political subdivision of the state, shall receive for the witness' attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers sworn to by the witness.
(f) The division, in the interest of traffic and safety, may establish or contract with a private individual, corporation, partnership or association for the services of driver improvement clinics throughout the state and, upon reviewing the driving record of a person whose driving privileges are subject to suspension under subsection (a)(2), may permit the person to retain such person's driving privileges by attending a driver improvement clinic. Any person other than a person issued a commercial driver's license under K.S.A. 8-2,125 et seq., and amendments thereto, desiring to attend a driver improvement clinic shall make application to the division and such application shall be accompanied by the required fee. The secretary of revenue shall adopt rules and regulations prescribing a driver's improvement clinic fee which shall not exceed $500 and such rules and regulations deemed necessary for carrying out the provisions of this section, including the development of standards and criteria to be utilized by such driver improvement clinics. Amounts received under this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the same in the state treasury as prescribed by subsection (f) of K.S.A. 8-267, and amendments thereto.
(g) When the action by the division restricting a person's driving privileges is based upon certification by the secretary for children and families pursuant to K.S.A. 39-7,155, and amendments thereto, the person may not request a hearing but, within 30 days after notice of restriction is mailed, may submit a written request for administrative review and provide evidence to the division to show the person whose driving privileges have been restricted by the division is not the person certified by the secretary for children and families, did not receive timely notice of the proposed restriction from the secretary for children and families or has been decertified by the secretary for children and families. Within 30 days of its receipt of the request for administrative review, the division shall notify the person whether the restriction has been affirmed or set aside. The request for administrative review shall not stay any action taken by the division.
(h) Any person whose driving privileges have been suspended under subsection (b)(1)(A)(ii) or (b)(1)(A)(iii), shall pay a reinstatement fee in the amount of $100 to the division. The division shall remit all revenues received from such fees, at least monthly, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, for deposit in the state treasury and credit to the state highway fund.
History: L. 1937, ch. 73, § 22; L. 1949, ch. 104, § 26; L. 1959, ch. 49, § 24; L. 1965, ch. 63, § 1; L. 1967, ch. 59, § 4; L. 1968, ch. 301, § 1; L. 1972, ch. 27, § 1; L. 1974, ch. 38, § 4; L. 1975, ch. 36, § 24; L. 1982, ch. 144, § 1; L. 1983, ch. 35, § 1; L. 1983, ch. 34, § 3; L. 1983, ch. 36, § 1; L. 1988, ch. 47, § 9; L. 1990, ch. 44, § 1; L. 1991, ch. 36, § 11; L. 1994, ch. 353, § 1; L. 2000, ch. 97, § 2; L. 2001, ch. 5, § 32; L. 2001, ch. 200, § 2; L. 2006, ch. 186, § 5; L. 2009, ch. 107, § 3; L. 2011, ch. 30, § 87; L. 2014, ch. 115, § 1; July 1.
Cross References to Related Sections:
Cancellation, see 8-250.
Violations of certain maximum speed limits do not constitute "moving traffic violations," see 8-1341.
Law Review and Bar Journal References:
"Amending the Kansas Juvenile Code," Richard H. Seaton, 16 K.L.R. 277, 284 (1968).
Traffic cases and license problems, William M. Ferguson, 39 J.B.A.K. 351, 355, 398, 399, 401 (1970).
"S.B. 699—A Comment on Kansas' New 'Drunk Driving' Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 240 (1982).
"The New Kansas Drunk Driving Law: A Closer Look," Matthew D. Keenan, 31 K.L.R. 409 (1983).
"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).
Attorney General's Opinions:
Motor vehicle operator's refusal to submit to blood-alcohol test; revocation of license hearings. 82-33.
Presumption of receipt of notice delivered as provided in statute. 82-131.
Persons to whom drivers' licenses not issued; denial of driving privileges due to seizure disorders. 85-158.
Drivers' licenses; examinations, seizure disorders. 89-10.
Members of Medical Advisory Board are "officers and employees" for purposes of Kansas Open Records Act. 2000-8.
CASE ANNOTATIONS
1. Mentioned; conviction of driving automobile while license suspended; admissibility of exhibit in evidence questioned (dissenting opinion). State v. Harkness, 189 Kan. 581, 588, 370 P.2d 100.
2. Jury verdict of guilty of exceeding speed limit only held not "moving violation". State v. Herber, 1 Kan. App. 2d 732, 734, 573 P.2d 1112.
3. Section cited; conviction under K.S.A. 8-262 reversed. City of Overland Park v. Rice, 222 Kan. 693, 695, 696, 567 P.2d 1382.
4. Annulled traffic violation convictions may not be considered for purpose of suspending driving privileges. Myers v. Kansas Division of Vehicles, 3 Kan. App. 2d 437, 438, 596 P.2d 181.
5. In prosecution under K.S.A. 8-262, state must offer proof that copy or written notice of order of suspension was mailed to last known address of licensee. State v. Jones, 231 Kan. 366, 368, 644 P.2d 464 (1982).
6. Statute, being integral part of whole subject of act (L. 1982, ch. 144), not violative of Kansas Constitution, Article 2, § 16. State v. Reves, 233 Kan. 972, 973, 980, 666 P.2d 1190 (1983).
7. Division of vehicles required to issue subpoenas to compel arresting officer and relevant witnesses to testify on question of refusing blood chemical test and reasonableness thereof. Wulfkuhle v. Kansas Dept. of Revenue, 234 Kan. 241, 242, 671 P.2d 547 (1983).
8. Cited in holding habitual violator under K.S.A. 8-285 requires three separate convictions, each based on separate incident. State v. Underwood, 10 Kan. App. 2d 116, 121, 123, 693 P.2d 1205 (1985).
9. Cited; burden on license holder to notify division when holder moves from address on license or license application (K.S.A. 8-248). State v. Moffett, 240 Kan. 406, 408, 728 P.2d 1330 (1986).
10. Cited; regulation setting minimum visual acuity standards required for driver's license as mandatory examined. Vandever v. Kansas Dept. of Revenue, 243 Kan. 693, 696, 763 P.2d 317 (1988).
11. Authority of department of revenue to delete suspension order under K.S.A. 40-3104 examined. State v. Damman, 244 Kan. 487, 489, 769 P.2d 662 (1989).
12. Suspension void where DMV fails to notify in writing; substitute service (attorney) unauthorized; actual knowledge does not validate void suspension. State v. Lovett, 17 Kan. App. 2d 450, 452, 839 P.2d 53 (1992).
13. Cited in holding district court's reliance upon defendant's actual knowledge that driver's license suspended was harmless error. State v. Lara, 18 Kan. App. 2d 386, 390, 853 P.2d 1168 (1993).
14. Collateral estoppel does not bar relitigation of issues decided in administrative driver's license suspension hearing. City of Manhattan v. Huncovsky, 22 Kan. App. 2d 189, 195, 913 P.2d 227 (1996).
15. Licensee's actual knowledge of habitual violator declaration not required to sustain her conviction for violating K.S.A. 8-287. State v. Lewis, 23 Kan. App. 2d 758, 765, 767, 935 P.2d 1072 (1997).
16. License suspension under K.S.A. 40-3118 void; notice did not inform licensee of right to request hearing thereon. State v. Adkins, 24 Kan. App. 2d 337, 945 P.2d 880 (1997).
17. State not required to present evidence of compliance with subsection (d) notice requirements when defendant has actual knowledge of license suspension. State v. Campbell, 24 Kan. App. 2d 553, 556, 948 P.2d 684 (1997).
18. Unsigned written notice of revocation or suspension complied with section's notice requirements. State v. Carter, 264 Kan. 226, 227, 955 P.2d 119 (1998).
19. Notice of suspension of driving privileges mailed to last known address of defendant sufficient notice; no requirement to send second notification to new address subsequently provided by defendant. State v. Thrash, 267 Kan. 715, 719, 987 P.2d 345 (1999).
20. No requirement to prove written notice of suspension of driving privileges where person has actual notice. State v. Hershberger, 27 Kan. App. 2d 485, 5 P.3d 1004 (2000).
21. Petition for judicial review held to comply with pleading requirements of K.S.A. 77-614(b). Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 204 P.3d 562 (2009).