8-262. Driving while license canceled, suspended or revoked; penalty; extension of time of suspension or revocation; ignition interlock device restriction.
8-262
8-262. Driving while license canceled, suspended or
revoked; penalty;
extension of time of suspension or revocation; ignition interlock device
restriction.
(a) (1) Any person who drives a motor vehicle on any highway of this state at a
time when such person's privilege so to do is canceled, suspended or revoked or
while such person's privilege to obtain a driver's license is suspended or
revoked pursuant to K.S.A. 8-252a, and amendments thereto, shall be guilty of
a class B nonperson misdemeanor on the first conviction and a class A
nonperson misdemeanor on the second
or subsequent conviction.
(2) No person shall be convicted under this section if such
person was entitled at the time of arrest under K.S.A. 8-257, and
amendments thereto, to the return of such person's driver's license.
(3) Except as otherwise provided by subsection (a)(4) or (c), every
person convicted under this section shall be sentenced to at least five days'
imprisonment and fined at least $100 and upon a second
conviction shall not be eligible for parole until completion of five days'
imprisonment.
(4) Except as otherwise provided by subsection (c), if a person: (A)
Is convicted of a violation of this section,
committed while the person's privilege to drive or privilege to obtain a
driver's license was suspended
or revoked for a violation of K.S.A. 8-1567, and amendments thereto, or
any ordinance of any city or resolution of any county or a law of
another state, which ordinance or law
prohibits the acts prohibited by that statute; and (B) is or has
been also convicted of a violation of K.S.A. 8-1567, and amendments thereto,
or of a municipal ordinance or law of another state, which ordinance or law
prohibits the acts prohibited by that statute, committed while the person's
privilege to drive or privilege to obtain a driver's license was so
suspended or revoked, the person shall not be
eligible for suspension of sentence, probation or parole until the person
has served at least 90 days' imprisonment, and any fine imposed on such
person shall be in addition to such a term of imprisonment.
(b) The division, upon receiving a record of the conviction of any
person under this section, or any ordinance of any city or resolution of any
county or a law of another
state which is in substantial conformity with this section,
upon a charge of driving a vehicle while the
license of such person is revoked or suspended, shall extend the period of such
suspension or revocation for an additional period of 90 days.
(c) (1) The person found guilty of a class A nonperson misdemeanor
on a third
or subsequent conviction of this section shall be sentenced to not less than 90
days imprisonment and fined not less than $1,500
if such person's privilege to drive a motor vehicle is canceled, suspended
or revoked because such person:
(A) Refused to submit and complete any test of blood, breath or urine
requested
by law enforcement excluding the preliminary screening test as set forth in
K.S.A. 8-1012, and amendments thereto;
(B) was convicted of violating the provisions of K.S.A. 40-3104, and
amendments thereto, relating to motor vehicle liability insurance coverage;
(C) was convicted of vehicular homicide, K.S.A. 21-3405, and amendments
thereto, involuntary manslaughter while driving under the influence of alcohol
or drugs, K.S.A. 21-3442, and amendments thereto, or any other
murder or manslaughter crime resulting from the operation of a motor vehicle;
or
(D) was convicted of being a habitual violator, K.S.A. 8-287, and amendments
thereto.
(2) The person convicted shall
not be eligible for release on probation, suspension or reduction of sentence
or parole until the person has served at
least 90 days' imprisonment. The 90 days' imprisonment mandated by this
subsection may be served in a work release program only after such person has
served 48 consecutive hours' imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in the
work release program. The court may place the person convicted under a house
arrest program pursuant to K.S.A. 21-4603b, and amendments thereto,
or any municipal ordinance to serve
the remainder of the minimum sentence only after such person has served 48
consecutive hours' imprisonment.
(d) For the purposes of determining whether a conviction is
a first, second, third or subsequent conviction in sentencing under this
section, "conviction" includes a conviction of a violation of any ordinance of
any city or resolution of any county or a law of another state which is in
substantial conformity with this section.
History: L. 1937, ch. 73, § 29;
L. 1949, ch. 104, § 33;
L. 1959, ch. 49, § 30;
L. 1967, ch. 59, § 6;
L. 1970, ch. 52, § 1;
L. 1972, ch. 28, § 2;
L. 1974, ch. 38, § 5;
L. 1981, ch. 43, § 1;
L. 1983, ch. 34, § 4;
L. 1985, ch. 48, § 1;
L. 1985, ch. 78, § 6;
L. 1991, ch. 39, § 1;
L. 1992, ch. 239, § 27;
L. 1993, ch. 291, § 2;
L. 1994, ch. 353, § 4;
L. 1999, ch. 164, § 1;
L. 2001, ch. 112, § 4;
L. 2001, ch. 200, § 3;
L. 2006, ch. 211, § 10;
L. 2007, ch. 181, § 2; July 1.