8-2106.Traffic citation; procedure.
(a) A law enforcement officer may prepare and deliver to a
person a written traffic citation on a form approved by the
division of motor vehicles, if the law enforcement
officer stops the person for a violation of:
(1) The uniform act regulating traffic on highways, which violation
is a misdemeanor or a traffic infraction;
(3) K.S.A. 31-155 and amendments thereto involving transportation of bottle
rockets;
(4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules
and regulations adopted pursuant thereto;
(5) any rules and regulations adopted pursuant to K.S.A. 2-1212,
68-2001 or 31-146, and amendments thereto;
(6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
amendments thereto relating to transportation of materials or fuel; or
(7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating to the
child passenger safety act; or
(8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating to the
safety belt use act.
(b) The citation shall contain a notice
to appear in court,
the name and address of the person,
the type of vehicle the person was driving, whether hazardous materials
were being transported, whether an accident occurred, the state registration
number of the person's vehicle, if any, a statement whether the vehicle
is a commercial vehicle, whether the person is licensed to drive a commercial
motor vehicle, the offense or offenses
charged, the time and place when and where the person shall appear in
court, the signature of the law enforcement officer, and any other
pertinent information.
(c) The time specified in the notice to appear shall be at
least five
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
(d) The place specified in the notice to appear shall be before a
judge of the district court within the county in which
the offense is alleged to have been
committed.
(e) Except in the circumstances to which subsection (a) of
K.S.A. 8-2104, and amendments thereto, apply, in the discretion of
the law enforcement
officer, a person charged
with a misdemeanor may give written promise to
appear in court by signing at least one copy of the written citation
prepared by the law enforcement officer, in which event the law enforcement
officer
shall deliver a copy of
the citation to the person and shall not take the
person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to
appear shall provide a place where the person may make a written entry of
appearance, waive the right to a trial and plead guilty or no contest.
Such notice to appear shall contain a provision that the person's failure to
either pay such fine and court costs or appear at the specified time may result
in suspension of the person's drivers' license as provided in K.S.A. 8-2110,
and amendments thereto.
The notice
to appear shall provide a space where the law enforcement
officer shall enter the
appropriate fine specified in the uniform fine schedule contained
in K.S.A. 8-2118, and amendments thereto, for the
violation charged and court costs
in the amount provided by law. If the notice to appear
does not do so, the law enforcement officer shall provide a
person charged with a
traffic infraction a form explaining the person's right to appear and right
to a trial and the person's right to pay the appropriate fine
and court costs
prior to the appearance date. The law enforcement officer
shall provide the person
with the address of the court to which the written entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine and court
costs shall be mailed.
(g) Any officer violating any of the provisions of
subsection (f) is
guilty of misconduct in office and shall be subject to removal from office.
History: L. 1974, ch. 33, § 8-2106; L. 1976, ch. 145, § 34;
L. 1984, ch. 39, § 22;
L. 1986, ch. 46, § 1;
L. 1988, ch. 266, § 3; L. 1988, ch. 50, § 2;
L. 1989, ch. 38, § 43;
L. 1990, ch. 41, § 10;
L. 1991, ch. 44, § 1;
L. 1993, ch. 110, § 1;
L. 1994, ch. 348, § 11;
L. 1995, ch. 190, § 7;
L. 2001, ch. 44, § 1;
L. 2008, ch. 114, § 2; July 1.
8-2106.Traffic citation; procedure.
(a) A law enforcement officer may prepare and deliver to a
person a written traffic citation on a form approved by the
division of motor vehicles, if the law enforcement
officer stops the person for a violation of:
(1) The uniform act regulating traffic on highways, which violation
is a misdemeanor or a traffic infraction;
(3) K.S.A. 31-155 and amendments thereto involving transportation of bottle
rockets;
(4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules
and regulations adopted pursuant thereto;
(5) any rules and regulations adopted pursuant to K.S.A. 2-1212,
68-2001 or 31-146, and amendments thereto;
(6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
amendments thereto relating to transportation of materials or fuel; or
(7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating to the
child passenger safety act; or
(8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating to the
safety belt use act.
(b) The citation shall contain a notice
to appear in court,
the name and address of the person,
the type of vehicle the person was driving, whether hazardous materials
were being transported, whether an accident occurred, the state registration
number of the person's vehicle, if any, a statement whether the vehicle
is a commercial vehicle, whether the person is licensed to drive a commercial
motor vehicle, the offense or offenses
charged, the time and place when and where the person shall appear in
court, the signature of the law enforcement officer, and any other
pertinent information.
(c) The time specified in the notice to appear shall be at
least five
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
(d) The place specified in the notice to appear shall be before a
judge of the district court within the county in which
the offense is alleged to have been
committed.
(e) Except in the circumstances to which subsection (a) of
K.S.A. 8-2104, and amendments thereto, apply, in the discretion of
the law enforcement
officer, a person charged
with a misdemeanor may give written promise to
appear in court by signing at least one copy of the written citation
prepared by the law enforcement officer, in which event the law enforcement
officer
shall deliver a copy of
the citation to the person and shall not take the
person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to
appear shall provide a place where the person may make a written entry of
appearance, waive the right to a trial and plead guilty or no contest.
Such notice to appear shall contain a provision that the person's failure to
either pay such fine and court costs or appear at the specified time may result
in suspension of the person's drivers' license as provided in K.S.A. 8-2110,
and amendments thereto.
The notice
to appear shall provide a space where the law enforcement
officer shall enter the
appropriate fine specified in the uniform fine schedule contained
in K.S.A. 8-2118, and amendments thereto, for the
violation charged and court costs
in the amount provided by law. If the notice to appear
does not do so, the law enforcement officer shall provide a
person charged with a
traffic infraction a form explaining the person's right to appear and right
to a trial and the person's right to pay the appropriate fine
and court costs
prior to the appearance date. The law enforcement officer
shall provide the person
with the address of the court to which the written entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine and court
costs shall be mailed.
(g) Any officer violating any of the provisions of
subsection (f) is
guilty of misconduct in office and shall be subject to removal from office.
History: L. 1974, ch. 33, § 8-2106; L. 1976, ch. 145, § 34;
L. 1984, ch. 39, § 22;
L. 1986, ch. 46, § 1;
L. 1988, ch. 266, § 3; L. 1988, ch. 50, § 2;
L. 1989, ch. 38, § 43;
L. 1990, ch. 41, § 10;
L. 1991, ch. 44, § 1;
L. 1993, ch. 110, § 1;
L. 1994, ch. 348, § 11;
L. 1995, ch. 190, § 7;
L. 2001, ch. 44, § 1;
L. 2008, ch. 114, § 2; July 1.
8-2106.Traffic citation; procedure.
(a) A law enforcement officer may prepare and deliver to a
person a written traffic citation on a form approved by the
division of motor vehicles, if the law enforcement
officer stops the person for a violation of:
(1) The uniform act regulating traffic on highways, which violation
is a misdemeanor or a traffic infraction;
(3) K.S.A. 31-155 and amendments thereto involving transportation of bottle
rockets;
(4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules
and regulations adopted pursuant thereto;
(5) any rules and regulations adopted pursuant to K.S.A. 2-1212,
68-2001 or 31-146, and amendments thereto;
(6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
amendments thereto relating to transportation of materials or fuel; or
(7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating to the
child passenger safety act; or
(8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating to the
safety belt use act.
(b) The citation shall contain a notice
to appear in court,
the name and address of the person,
the type of vehicle the person was driving, whether hazardous materials
were being transported, whether an accident occurred, the state registration
number of the person's vehicle, if any, a statement whether the vehicle
is a commercial vehicle, whether the person is licensed to drive a commercial
motor vehicle, the offense or offenses
charged, the time and place when and where the person shall appear in
court, the signature of the law enforcement officer, and any other
pertinent information.
(c) The time specified in the notice to appear shall be at
least five
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
(d) The place specified in the notice to appear shall be before a
judge of the district court within the county in which
the offense is alleged to have been
committed.
(e) Except in the circumstances to which subsection (a) of
K.S.A. 8-2104, and amendments thereto, apply, in the discretion of
the law enforcement
officer, a person charged
with a misdemeanor may give written promise to
appear in court by signing at least one copy of the written citation
prepared by the law enforcement officer, in which event the law enforcement
officer
shall deliver a copy of
the citation to the person and shall not take the
person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to
appear shall provide a place where the person may make a written entry of
appearance, waive the right to a trial and plead guilty or no contest.
Such notice to appear shall contain a provision that the person's failure to
either pay such fine and court costs or appear at the specified time may result
in suspension of the person's drivers' license as provided in K.S.A. 8-2110,
and amendments thereto.
The notice
to appear shall provide a space where the law enforcement
officer shall enter the
appropriate fine specified in the uniform fine schedule contained
in K.S.A. 8-2118, and amendments thereto, for the
violation charged and court costs
in the amount provided by law. If the notice to appear
does not do so, the law enforcement officer shall provide a
person charged with a
traffic infraction a form explaining the person's right to appear and right
to a trial and the person's right to pay the appropriate fine
and court costs
prior to the appearance date. The law enforcement officer
shall provide the person
with the address of the court to which the written entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine and court
costs shall be mailed.
(g) Any officer violating any of the provisions of
subsection (f) is
guilty of misconduct in office and shall be subject to removal from office.
History: L. 1974, ch. 33, § 8-2106; L. 1976, ch. 145, § 34;
L. 1984, ch. 39, § 22;
L. 1986, ch. 46, § 1;
L. 1988, ch. 266, § 3; L. 1988, ch. 50, § 2;
L. 1989, ch. 38, § 43;
L. 1990, ch. 41, § 10;
L. 1991, ch. 44, § 1;
L. 1993, ch. 110, § 1;
L. 1994, ch. 348, § 11;
L. 1995, ch. 190, § 7;
L. 2001, ch. 44, § 1;
L. 2008, ch. 114, § 2; July 1.