|
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 cases pending or offenses committed on or after April 1,
2009. It is not required that an applicant have an attorney for the purpose
of a traffic diversion.
PLEASE NOTE: Diversion is a privilege and NOT
a right.
No presumption in favor of diversion exists
in any case.
Return
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, or
-
They have no more than three (3) moving
violations in the last three (3) years, no previous DUI citations,
convictions, and/or diversions.
In addition to the above circumstances, a
person will NOT be diversion eligible in the following
circumstances:
-
Any traffic offense other than 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. 8-2,150)
-
Traffic offenses that result in personal
injury of any kind to anyone.
-
Traffic offenses that result in a
multi-vehicle accident.
-
Reckless Driving (see K.S.A. 8-1566).
-
Speeding Offenses that exceed the legal
limit by over 20 mph.
-
Speeding offenses that occur in a school
zone.
-
Speeding offenses that occur in posted
construction zones.
-
Driving while Suspended, or Habitual
Violator.
-
Fleeing or eluding a police officer.
-
Disobeying a railroad crossing signal.
(see K.S.A. 8-1551)
-
Disobeying a railroad crossing stop
sign. (see K.S.A. 8-1552)
-
Failing to stop at a railroad crossing.
(see K.S.A. 8-1553)
-
Passing a school bus. (see K.S.A.
8-1556A)
-
Driving with no liability insurance.
-
Failure
to yield to an emergency vehicle. (see K.S.A. 8-1530)
Return
PROCEDURES:
-
All court appearances MUST be
attended during the application process unless prior approval from the
Court or the County Attorney.
-
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.
-
A legible copy of the ticket MUST
accompany the application or the application will NOT be accepted.
-
The Applicant MUST sign a
statement under oath as to the facts and circumstances surrounding the
ticket and the information in the application.
-
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.
-
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 the 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.
-
If your diversion is granted, 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.
-
If your diversion is granted, you will be
notified and you MUST pay the following:
Full payment must be received upon
the filing of the diversion agreement or YOUR APPLICATION WILL NOT BE
FILED AND THE STATE WILL SEEK A CONVICTION.
-
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.
-
You MUST provide the County
Attorney’s office with a self-addressed stamped envelope with your
application.
Return
QUESTIONS:
Please contact the Franklin County
Attorney’s office with any questions during normal business hours.
Business Hours:
Monday – Friday
8:00 a.m. – 12:00 p.m.
1:00 p.m. – 4:00 p.m.
Telephone Number:
(785) 229.8970
Return
IMPORTANT NOTE:
Because
Diversion is a privilege and not a right, it will be YOUR RESPONSIBILITY to
ensure that you complete all of the procedural requirements listed above.
If you have submitted a Diversion Application and have not heard back from
the Franklin County Attorney’s office on the STATUS of your application
within thirty (30) days of turning it in, it is YOUR RESPONSIBILITY to
contact the Franklin County Attorney’s office to find out why.
Return |