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8-2106. Traffic citation; procedure. (a) A law enforcement officer may prepare and deliver to a person a written traffic citation on a form approved by the division of motor vehicles, if the law enforcement officer stops the person for a violation of:

(1) The uniform act regulating traffic on highways, which violation is a misdemeanor or a traffic infraction;

(2) K.S.A. 8-262, 8-287, 8-2,144, 8-1599, 40-3104, 40-3106, 41-715, 41-724, 41-727, 47-607, 66-1,111, 66-1,129, 66-1,139, 66-1,140, 66-273, 66-1314, 66-1324, 66-1330, 66-1331, 66-1332, 68-2104, 68-2106 or 79-34,122(b), or K.S.A. 21-5607(a), 21-5810, 21-5815, 21-5816, 21-5817(a) or 21-6203, and amendments thereto;

(3) K.S.A. 31-155, and amendments thereto, involving transportation of bottle rockets;

(4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules and regulations adopted pursuant thereto;

(5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-2001 or 31-146, and amendments thereto;

(6) any rules and regulations adopted pursuant to K.S.A. 31-133, and amendments thereto, relating to transportation of materials or fuel;

(7) K.S.A. 8-1343 through 8-1347, and amendments thereto, relating to the child passenger safety act; or

(8) K.S.A. 8-2501 through 8-2507, and amendments thereto, relating to the safety belt use act.

(b) The citation shall contain a notice to appear in court, the name and address of the person, the type of vehicle the person was driving, whether hazardous materials were being transported, whether an accident occurred, the state registration number of the person's vehicle, if any, a statement whether the vehicle is a commercial vehicle, whether the person is licensed to drive a commercial motor vehicle, the offense or offenses charged, the time and place when and where the person shall appear in court, the signature of the law enforcement officer and any other pertinent information.

(c) The time specified in the notice to appear shall be at least five days after the alleged violation unless the person charged with the violation demands an earlier hearing.

(d) The place specified in the notice to appear shall be before a judge of the district court within the county in which the offense is alleged to have been committed.

(e) Except in the circumstances to which K.S.A. 8-2104(a), and amendments thereto, apply, in the discretion of the law enforcement officer, a person charged with a misdemeanor may give written promise to appear in court by signing at least one copy of the written citation prepared by the law enforcement officer, in which event the law enforcement officer shall deliver a copy of the citation to the person and shall not take the person into physical custody.

(f) When a person is charged with a traffic infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. Such notice to appear shall contain a provision that the person's failure to either pay such fine and court costs or appear at the specified time may result in suspension of the person's drivers' license as provided in K.S.A. 8-2110, and amendments thereto. The notice to appear shall provide a space where the law enforcement officer shall enter the appropriate fine specified in the uniform fine schedule contained in K.S.A. 8-2118, and amendments thereto, for the violation charged and court costs in the amount provided by law. If the notice to appear does not do so, the law enforcement officer shall provide a person charged with a traffic infraction a form explaining the person's right to appear and right to a trial and the person's right to pay the appropriate fine and court costs prior to the appearance date. The law enforcement officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.

(g) Any officer violating any of the provisions of subsection (f) is guilty of misconduct in office and shall be subject to removal from office.

(h) A driverless-capable vehicle's registered owner shall be responsible for all applicable traffic law violations when the automated driving system is engaged. For the purposes of prosecution of traffic law violations, the owner is considered to be the operator of the vehicle when the automated driving system is engaged. A law enforcement officer shall deliver the written traffic citation to a person charged with a traffic infraction to the owner of the driverless-capable vehicle operating without a conventional human driver as such terms are defined by K.S.A. 8-2901, and amendments thereto, by sending the citation by certified mail to the address of the owner.

History: L. 1974, ch. 33, § 8-2106; L. 1976, ch. 145, § 34; L. 1984, ch. 39, § 22; L. 1986, ch. 46, § 1; L. 1988, ch. 266, § 3; L. 1988, ch. 50, § 2; L. 1989, ch. 38, § 43; L. 1990, ch. 41, § 10; L. 1991, ch. 44, § 1; L. 1993, ch. 110, § 1; L. 1994, ch. 348, § 11; L. 1995, ch. 190, § 7; L. 2001, ch. 44, § 1; L. 2008, ch. 114, § 2; L. 2011, ch. 30, § 96; L. 2022, ch. 93, § 12; July 1.

Source or prior law:

8-5,127c.

Cross References to Related Sections:

Failure to appear, see 8-2110, 8-2113.

Notice to appear under code of criminal procedure, see 22-2408.

Notice to appear under code of procedure for municipal courts, see 12-4204, 12-4205a, 12-4206, 12-4207.

Autonomous motor vehicles, see 8-2901 et seq.

Law Review and Bar Journal References:

"A Comment on Kansas' New 'Drunk Driving' Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 233 (1982).

Attorney General's Opinions:

Municipal courts; traffic violations; failure to appear. 84-43.

Fees in all counties and salaries in certain counties; court fees in criminal actions. 89-17.

University police officers; power and authority; jurisdiction. 91-102.

Failure to comply with traffic citation; amount of reinstatement fee when charges are in alternative. 97-48.

Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.

CASE ANNOTATIONS

1. Notice and complaint hereunder insufficient for violation of obstructing legal process under K.S.A. 21-3808. State v. Shofler, 9 Kan. App. 2d 696, 697, 687 P.2d 29 (1984).

2. Cited; prosecution for DUI (K.S.A. 8-1567) commencing only by filing complaint or information examined. State v. Fraker, 12 Kan. App. 2d 259, 260, 739 P.2d 940 (1987).

3. Cited; requirement of verified complaint to commence prosecution for DUI (K.S.A. 8-1567) and certain other violations examined. State v. Fraker, 242 Kan. 466, 467, 242 P.2d 868 (1988).

4. DUI prosecution under chapter 12 of K.S.A. for violation of municipal ordinance as not requiring verified complaint examined. City of Tonganoxie v. Jack, 13 Kan. App. 2d 718, 720, 779 P.2d 34 (1989).

5. Accused, when promptly bonded, as suffering no prejudice when not taken immediately before judge determined. State v. Lieurance, 14 Kan. App. 2d 87, 89, 782 P.2d 1246 (1989).

6. State's dismissal of action based on necessity and refiling same as not an avoidance of speedy trial limitations (K.S.A. 22-3402) examined. State v. Jamison, 248 Kan. 302, 303, 806 P.2d 972 (1991).

7. Traffic DUI citation need not allege facts constituting a crime as required by complaint. State v. Boyle, 21 Kan. App. 2d 944, 913 P.2d 617 (1996).

8. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 801, 184 P.3d 978 (2008).


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