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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 cases pending or offenses
committed on or after November 1, 2011. 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.
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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 ineligible to
receive a traffic diversion if any of the following apply:
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They have
a previous traffic citation, conviction, or diversion for a moving
violation within the last year, or
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They have
more than three (3) moving violations in the last three (3) years, or
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They have
previous DUI citations, convictions, and/or diversions.
In
addition to the above circumstances, a person will NOT be
diversion eligible in the following circumstances:
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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)
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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. No diversion will be
granted in any case for speeds more than 90 mph.
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Speeding
offenses that occur in a school zone.
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Speeding
offenses that occur in posted construction zones.
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Driving
while Suspended, 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 crossing 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.
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Failure
to yield to an emergency vehicle. (see K.S.A. 8-1530)
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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 the information in the
application.
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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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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.
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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.
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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.
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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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You MUST provide the County Attorney’s office with a
self-addressed stamped envelope with your application.
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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
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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.
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