8-285."Habitual violator" defined; other definitions.
Except as otherwise provided in this section, as used in this act, the words
and phrases defined in K.S.A. 8-234a, and amendments thereto,
shall
have the meanings ascribed to them therein. The term "habitual
violator" means any resident or nonresident person who, within the
immediately preceding five years, has been convicted in this or any
other state:
(a) Three or more times of:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments
thereto,
or as
prohibited by any ordinance of any city in this state or any law of another
state which is in substantial
conformity with that statute;
(2) violating K.S.A. 8-1567, and amendments
thereto, or violating an
ordinance of any city in this state or any law of another state,
which ordinance or law declares to be unlawful the acts prohibited by that
statute;
(3) driving while the privilege to operate a motor vehicle on the
public highways of this state has been canceled, suspended or revoked,
as prohibited by K.S.A. 8-262, and amendments thereto, 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, or, as prohibited
by any ordinance of any city
in this state or any law of another
state which is in substantial conformity with those
statutes;
(4) perjury resulting from a violation of K.S.A. 8-261a, and
amendments
thereto, or resulting
from the violation of a law of another state which is in substantial
conformity with that statute;
(5) violating the provisions of the fifth clause of K.S.A.
8-142, and amendments thereto, relating to fraudulent applications, or
violating
the
provisions of a law of another state which is in substantial conformity
with that statute;
(6) any crime punishable as a felony, if a motor vehicle was
used in the perpetration of the crime;
(7) failing to stop at the scene of an accident and perform the
duties required by K.S.A. 8-1602 through
8-1604, and amendments thereto,
or required by any ordinance of any city in this state or a
law of another state which is in substantial conformity with those
statutes; or
(8) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating
to motor vehicle liability insurance coverage or an ordinance of any city
in this state, which is in substantial conformity with such statute.
(b) Three or more times, either singly or in combination, of
any of the offenses enumerated in subsection (a).
For the purpose of subsection (a)(2),
in addition to the definition
of "conviction" otherwise provided by law, conviction includes, but is not
limited to, a diversion agreement entered into in lieu of further criminal
proceedings, or a plea of nolo contendere, on a complaint,
indictment,
information, citation or notice to appear alleging a violation of K.S.A.
8-1567, and amendments thereto, or an ordinance of a city in
this state or
law of another state, which ordinance or law prohibits the acts prohibited
by that statute.
History: L. 1972, ch. 32, § 2; L. 1975, ch. 33, § 3; L. 1976,
ch. 48, § 2; L. 1977, ch. 40, § 1; L. 1982, ch. 144, § 2;
L. 1985, ch. 48, § 2;
L. 2001, ch. 112, § 5; Apr. 26.
8-285."Habitual violator" defined; other definitions.
Except as otherwise provided in this section, as used in this act, the words
and phrases defined in K.S.A. 8-234a, and amendments thereto,
shall
have the meanings ascribed to them therein. The term "habitual
violator" means any resident or nonresident person who, within the
immediately preceding five years, has been convicted in this or any
other state:
(a) Three or more times of:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments
thereto,
or as
prohibited by any ordinance of any city in this state or any law of another
state which is in substantial
conformity with that statute;
(2) violating K.S.A. 8-1567, and amendments
thereto, or violating an
ordinance of any city in this state or any law of another state,
which ordinance or law declares to be unlawful the acts prohibited by that
statute;
(3) driving while the privilege to operate a motor vehicle on the
public highways of this state has been canceled, suspended or revoked,
as prohibited by K.S.A. 8-262, and amendments thereto, 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, or, as prohibited
by any ordinance of any city
in this state or any law of another
state which is in substantial conformity with those
statutes;
(4) perjury resulting from a violation of K.S.A. 8-261a, and
amendments
thereto, or resulting
from the violation of a law of another state which is in substantial
conformity with that statute;
(5) violating the provisions of the fifth clause of K.S.A.
8-142, and amendments thereto, relating to fraudulent applications, or
violating
the
provisions of a law of another state which is in substantial conformity
with that statute;
(6) any crime punishable as a felony, if a motor vehicle was
used in the perpetration of the crime;
(7) failing to stop at the scene of an accident and perform the
duties required by K.S.A. 8-1602 through
8-1604, and amendments thereto,
or required by any ordinance of any city in this state or a
law of another state which is in substantial conformity with those
statutes; or
(8) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating
to motor vehicle liability insurance coverage or an ordinance of any city
in this state, which is in substantial conformity with such statute.
(b) Three or more times, either singly or in combination, of
any of the offenses enumerated in subsection (a).
For the purpose of subsection (a)(2),
in addition to the definition
of "conviction" otherwise provided by law, conviction includes, but is not
limited to, a diversion agreement entered into in lieu of further criminal
proceedings, or a plea of nolo contendere, on a complaint,
indictment,
information, citation or notice to appear alleging a violation of K.S.A.
8-1567, and amendments thereto, or an ordinance of a city in
this state or
law of another state, which ordinance or law prohibits the acts prohibited
by that statute.
History: L. 1972, ch. 32, § 2; L. 1975, ch. 33, § 3; L. 1976,
ch. 48, § 2; L. 1977, ch. 40, § 1; L. 1982, ch. 144, § 2;
L. 1985, ch. 48, § 2;
L. 2001, ch. 112, § 5; Apr. 26.
8-285."Habitual violator" defined; other definitions.
Except as otherwise provided in this section, as used in this act, the words
and phrases defined in K.S.A. 8-234a, and amendments thereto,
shall
have the meanings ascribed to them therein. The term "habitual
violator" means any resident or nonresident person who, within the
immediately preceding five years, has been convicted in this or any
other state:
(a) Three or more times of:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments
thereto,
or as
prohibited by any ordinance of any city in this state or any law of another
state which is in substantial
conformity with that statute;
(2) violating K.S.A. 8-1567, and amendments
thereto, or violating an
ordinance of any city in this state or any law of another state,
which ordinance or law declares to be unlawful the acts prohibited by that
statute;
(3) driving while the privilege to operate a motor vehicle on the
public highways of this state has been canceled, suspended or revoked,
as prohibited by K.S.A. 8-262, and amendments thereto, 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, or, as prohibited
by any ordinance of any city
in this state or any law of another
state which is in substantial conformity with those
statutes;
(4) perjury resulting from a violation of K.S.A. 8-261a, and
amendments
thereto, or resulting
from the violation of a law of another state which is in substantial
conformity with that statute;
(5) violating the provisions of the fifth clause of K.S.A.
8-142, and amendments thereto, relating to fraudulent applications, or
violating
the
provisions of a law of another state which is in substantial conformity
with that statute;
(6) any crime punishable as a felony, if a motor vehicle was
used in the perpetration of the crime;
(7) failing to stop at the scene of an accident and perform the
duties required by K.S.A. 8-1602 through
8-1604, and amendments thereto,
or required by any ordinance of any city in this state or a
law of another state which is in substantial conformity with those
statutes; or
(8) violating the provisions of K.S.A. 40-3104, and amendments
thereto, relating
to motor vehicle liability insurance coverage or an ordinance of any city
in this state, which is in substantial conformity with such statute.
(b) Three or more times, either singly or in combination, of
any of the offenses enumerated in subsection (a).
For the purpose of subsection (a)(2),
in addition to the definition
of "conviction" otherwise provided by law, conviction includes, but is not
limited to, a diversion agreement entered into in lieu of further criminal
proceedings, or a plea of nolo contendere, on a complaint,
indictment,
information, citation or notice to appear alleging a violation of K.S.A.
8-1567, and amendments thereto, or an ordinance of a city in
this state or
law of another state, which ordinance or law prohibits the acts prohibited
by that statute.
History: L. 1972, ch. 32, § 2; L. 1975, ch. 33, § 3; L. 1976,
ch. 48, § 2; L. 1977, ch. 40, § 1; L. 1982, ch. 144, § 2;
L. 1985, ch. 48, § 2;
L. 2001, ch. 112, § 5; Apr. 26.