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TRAFFIC DIVERSION POLICY
The Franklin County Attorney has established the
following guidelines for the diversion application process in all traffic
cases, with the exception of DUI cases. These guidelines are effective
for any case pending or offenses committed on or after January 10, 2005.
It is not required that an applicant have an attorney for the purpose of a
traffic diversion.
Diversion is a privilege
and not a right. No presumption in favor of diversion exists in any
case.
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GENERAL ELIGIBILITY:
The County Attorney will consider a number of factors in
determining whether or not diversion is appropriate. Generally, a
person is eligible to receive a traffic diversion if they have no previous
traffic citations, convictions, or diversions for a moving violation within
the last year, no more than three (3) moving violations in the last three
(3) years, and no previous DUI citations, diversions or serious offense
citations, convictions, or diversions.
In addition to the above circumstances, a person will
NOT be diversion eligible in the following circumstances:
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Traffic offenses that result in personal injury of any
kind to anyone.
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Traffic offenses that result in a multi-vehicle
accident.
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Reckless Driving (see K.S.A. 8-1566).
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Speeding offenses that exceed the legal limit by over 20
mph in areas.
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Speeding offenses that occur in a school zone.
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Speeding offenses that occur in a posted construction
zone.
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Driving while suspended (unless reinstated at the time
of applying) or habitual violator.
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Fleeing or eluding a police officer.
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Disobeying a railroad crossing signal (see K.S.A.
8-1551).
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Disobeying a railroad stop sign (see K.S.A. 8-1552).
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Failing to stop at a railroad crossing (see K.S.A.
8-1553).
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Passing a school bus (see K.S.A. 8-1556A).
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Driving with no liability insurance and the policy
expiration exceeds 30 days.
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Failure to yield to an emergency vehicle (see K.S.A.
8-1530).
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Any traffic offense other than a parking violation if
the person possesses a commercial driver's license (CDL) regardless of what
type of vehicle the person was driving at the time of the offense (see
K.S.A. 8-2150).
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PROCEDURES:
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All Court appearances must be attended during the
application process unless prior approval from the Court or the County
Attorney.
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A $25.00 NON-REFUNDABLE Application Fee must
accompany the diversion application or the application will not be accepted.
Payment of the application fee shall be in the form of a money order or
cashier's check ONLY, made payable to the Franklin County Attorney's
Office.
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A legible copy of the ticket MUST accompany the
application or the application will not be accepted.
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The Applicant MUST sign a statement under oath as to the
facts and circumstances surrounding the ticket and that he/she has not
received any prior reductions, diversions or convictions in the twelve (12)
months preceding the current ticket.
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If the ticket is for Driving While Suspended, the
applicant MUST submit a letter of reinstatement with the diversion
application or the application will be denied.
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If the ticket is for No Proof of Insurance, the applicant
MUST submit proof of current liability insurance or non-owners insurance for
six months with the diversion application or the application will be denied.
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The Applicant (if Pro Se/representing oneself) or the
Applicant's attorney will be notified whether or not the diversion
application has been approved or denied.
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Upon acceptance into the Diversion Program, the $25.00
non-refundable Application Fee will be applied toward the $100.00 Diversion
Costs which must be paid upon acceptance into the Diversion Program, along
with all Court costs and fines assessed in the case. Full payment must
be received upon the filing of the diversion agreement.
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Traffic diversions are six (6) months in length with an
additional thirty (30) days following the expiration of the diversion to
allow the County Attorney's Office to discover any violations of the
diversion which occurred during the term of diversion. If you have not
had any violations of the law, including traffic tickets, within the six (6)
month diversion period, your case will be dismissed.
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Once granted diversion, you are required to keep the
County Attorney's Office informed of all address changes, criminal
and/or traffic violations. Failure to inform the County Attorney's
Office of such will result in the County Attorney's Office filing a Motion
to Resume Prosecution in the case, which could ultimately lead to a
conviction.
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All questions with regard to the diversion should be
directed to the County Attorney's Office.
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You will need to contact the District Court Clerk's
Office and request a continuance of your appearance date which appears on
the bottom of your ticket. Inform the Clerk's Office that you are
pursuing a diversion in the case. The telephone number is
785.242.6000.
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