Can't decide what to do (speeding in KS)

M

Marybell

Member
Jurisdiction
Kansas
A teen with a clean driving history was driving home from college (700 miles distance) when she got a speeding ticket in the rural area of her home state (KS). Allegedly 82/65.
Not sure why she immediately didn't ask for a warning / some leniency, given this was her first violation (she has had her DL for over 4 year). The fine is about $200
There is no point system in the state but anything over 9 mph gets reported. They are not offering any Defensive driving school option. She could go on diversion program (additional $100) or just pay the fine.
The court people told me she could appear on a court hearing via zoom (the court is this Thursday) however she just started a new internship in a large company (in a very different state) and it would be a great inconvenience to be sitting on zoom call with the court (possibly for hours) while she is expected to work. Why would I want her to go to court? To find out if we could get it amended for a non moving or something like that.
I'm the parent and she's on my insurance. She wants to just pay the fine and forget about it. I suspect my insurance may go up.
Are there any consequences besides insurance premium increase if she just pays the fine? (Like it stays on your record and may be viewed as a bad thing? she is trying to make a good career)
Is going on diversion worth it? (if she successfully drives without violations for 6 months, this violation is getting removed from the record)
I'm not sure if getting an attorney makes sense in this situation? We are not trying to contest (she was speeding).
Also, she is not spending much time in her home state and isn't planning to live here after she graduates from college.
What are your thoughts? thank you!
 
Last edited:
When you receive a traffic citation, you generally have two options. You can pay the ticket before the court date written on the citation or appear in court on that date. If you cannot appear in court on that date, you can try to secure a continuance.

Preparation

Step 1

Gather the proper contact information for the clerk of the appropriate court. Your ticket will list the court that holds jurisdiction over your offense.

Step 2

Prepare your answer as to why you need a continuance. Acceptable reasons to request deferred adjudication in most jurisdictions include health reasons, family responsibilities, your work schedule, or a conflict with school or vacation plans. You may also ask for a deferment if you need more time to prepare your case.

Step 3

Call the phone number listed on your ticket. Confirm your court date and ask how the court prefers to receive requests for deferred adjudication (by phone call, in person or by mail).

Request Deferred Adjudication By Phone

Step 1

Start the process of requesting a deferred adjudication by calling at least two weeks before your court date.

Step 2

Ask to speak to the appropriate clerk.

Step 3

Have all of your documentation nearby when you call. Clearly state why you need a continuance. Write down your new court date and the name of the person who helped you.

Read More: How to Write a Request for Continuance

Request the Deferred Adjudication in Person

Step 1

Verify by phone the office or courtroom you need to visit.

Step 2

Take the original citation and your documentation as to why you need a different court date with you, along with copies in case you need to leave them with the court.

Step 3

Do not leave without written verification of your new court date and the name of the person who granted it.

Requesting Deferred Adjudication by Mail

Step 1

Write a short, simple letter explaining why you need a later court date. Provide only the relevant details. Include the citation number and your driver's license number on the letter.

Step 2

Make copies of your citation, letter of request and documentation to send to the court. The court may or may not need documentation to prove the reasonableness of your request. Send it to ensure a successful request.

Step 3

Send your request by registered mail, and request a return receipt so that you have proof of when you asked for a delayed court date.

Step 4

Call the court if you have not received an answer by three days before your court date.

Requesting a Deferred Adjudication in an Emergency

Step 1

Take action promptly if you planned to appear in court on your appointed day but something unexpected happens that prevents you from appearing. Not showing up may result in a fine, the suspension of your driver's license or the issuance of an arrest warrant against you.

Step 2

Call the court as soon as you realize you will not be appearing in court. Explain your situation calmly, and ask for guidance.

Step 3

If your court will not accept phone calls, send someone in your place as a representative.


legalbeagle.com

How to Request a Deferred Adjudication for a Traffic Ticket

When you receive a traffic citation, you generally have two options. You can pay the ticket before the court date written on the citation or appear in court on that date. If you cannot appear in court on that date, you can try to secure a continuance.
legalbeagle.com legalbeagle.com



How to keep a speeding ticket off your record

A ticket on your driving record can result in an increase in your insurance rates. But you can keep a speeding ticket off your record by fighting the citation in court, attending a driving course, or taking other measures.




How to keep a speeding ticket off your record

A ticket on your driving record can result in an increase in your insurance rates. But you can keep a speeding ticket off your record by fighting the citation in court, attending a driving course, or taking other measures.
Last updated: Dec 20, 202311 min read
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Keeping a speeding ticket off your record can prevent your insurance rates from going up. You can't always prevent a speeding ticket from landing on your record; it's usually only possible if it's your first ticket.
You may be able to contest a ticket and win or go to traffic school to remove it from your record. So before you accept that your speeding ticket is going on your record, check out the steps below that could keep if off.
Key takeaways
  • A speeding ticket on your driving record causes your insurance premium to go up by 22%-30%, on average.
  • A few ways to prevent a speeding violation from being added to your driving record include contesting it or completing driving school.
  • Even if you can remove the ticket from your record, you may still have to pay legal fees, driving school costs, or other penalties.
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How to get a speeding ticket off your record

There are some ways to keep a speeding ticket from showing up on your record – some of which allow you to keep points off your license and, therefore, prevent your insurance company from even knowing you got pulled over. However, your options vary by state.
Here are five things drivers can do to keep a ticket off of their record:

Don't immediately pay the ticket

When it comes to a traffic ticket, take your time. In most jurisdictions, you have at least 30 days to pay the fine or enter a plea. Use the time to explore your options. The website for the court clerk's office listed at the bottom of your ticket is a good place to start.
"First and foremost, don't pay your ticket, since it essentially admits guilt," says Bradley Groene, an attorney with Luftman, Heck & Associates in Cincinnati.
Your options will vary depending on your jurisdiction, but you can:
  • Contest the ticket and ask for your date in traffic court. You should get the chance to plea bargain. But note, if you go to trial and lose, you'll pay the fine and the ticket will go on your record. You may have to pay court costs as well.
  • Seek traffic school or deferred adjudication, which would prevent a moving violation conviction from appearing on your driving record.
If your offense is minor – say, speeding at 10 mph over the limit outside a school or construction zone – and your record is otherwise pretty clean, you'll probably be offered some means of avoiding both a court appearance and a black mark on your record.

Ask for a deferral

A deferral means the court finds you guilty but defers entering those findings for a certain time; a year is common. If you get through the deferral period without any citations, the ticket will be dismissed or marked "adjudication withheld."
However, if you get another ticket in the deferral period, both tickets hit your record and your insurance will probably skyrocket as a high-risk driver.
There is usually a fee of $100 to $150. There may be a limit on the number of deferrals you are granted. In Washington, for example, it's one every seven years. You're unlikely to be offered a deferral if your record is already checkered or for some violations, such as school-zone violations.

Ask if you can go to traffic school

If you have the option to go to traffic school and pass the course, your ticket may be dismissed. A defensive driving course as an alternative resolution is not available in every state or for every infraction, but it can be a lifesaver.
Expect to pay a fee for the class itself and administrative or court fees on top of that.
Some states limit how often you can use a traffic school option; Florida, for example, limits you to once a year, and in California, it's 18 months.

Negotiate for a lesser fine

In some jurisdictions, contacting the court clerk or the prosecutor handling your case and asking to have your offense downgraded to a non-moving violation is possible. You also may be able to approach the prosecutor on your appearance date before your case is called.
You may have to pay court costs and a fine, but it could be worthwhile if your insurer is none the wiser.
You also may be able to ask for mitigation – pleading guilty but presenting your side of the story. You are asking the judge to lower your fine. Many states allow you to mitigate via written statements.
The outcome is up to the judge. The fine may be lowered or stay the same but won't increase. Regardless of what happens to the fine, you are pleading guilty, the infraction will end up on your DMV record, and eventually, your insurer will find out.

Contest the ticket

To contest the ticket, plead not guilty. You'll go to court to argue your case, alone or with the help of a lawyer.
A lawyer is not a requirement in traffic court, but hiring one can make things easier. You can call witnesses and present evidence. Your main goal is to create enough doubt or sympathy to get the ticket dismissed or knocked down to a non-moving violation.
"Most people don't have experience with traffic law. It's very easy to make a mistake in explaining your side of what happened," Groene says.

How do speeding tickets affect your driving record?

In many states, the DMV keeps track of drivers' records through a points system. The DMV gets notified whenever you're convicted of a moving violation and adds points to your license. The number of points will depend on your state's particular scale and the infraction's seriousness.
For example, in Utah, speeding 10 miles per hour or less above the speed limit will result in 35 points on your record; 11 to 20 mph over the limit will result in 55 points, and more than 20 mph will result in 75 points. In Arkansas, however, speeding at those same intervals will result in points of four, five or eight, respectively.
These points can cause your car insurance rates to increase. And if you accumulate too many points, your driver's license could be suspended. Usually, you'll get a warning if you get close to that point.
Nine states do not currently use a driver's license point system:
  • Hawaii
  • Kansas
  • Louisiana
  • Minnesota
  • Mississippi
  • Oregon
  • Rhode Island
  • Washington
  • Wyoming
You can avoid points on your driving license if you keep the ticket off your record. Even in states without a points system, a speeding ticket will still appear on your driving record, affecting your insurance rates.

www.insurance.com

How to keep a speeding ticket off your record

You can keep a speeding ticket off your record and avoid insurance increases of up to 30% by fighting the ticket, going to traffic school, asking for a better deal from the court or taking other measures.
www.insurance.com www.insurance.com


SUMMARY: Kansas Defensive Driving Courses
Defensive driving courses, or traffic school, may be completed if:

  • You've received a traffic ticket.
  • You want to avoid a driver's license suspension from the Kansas Department of Revenue (DOR).
  • You want to earn an auto insurance discount.
Completing a defensive driving course will give you the safe driving skills necessary to reduce your risk of committing traffic violations and causing accidents in the future.

Taking Defensive Driving in Kansas

Depending on your personal driving history and/or the nature of your traffic offense, you may be able to complete a defensive driving course to:
  • Satisfy requirements of the Kansas DMV or traffic court.
  • Dismiss a traffic ticket or complete your sentencing.
  • Avoid increased auto insurance rates.
  • Earn a car insurance discount.
You may have the option of completing your traffic school online or in a classroom. In some circumstances, your traffic court or the KS DMV may require you to complete the course in person.
Your eligibility to take a course will often be determined by the KS DMV, traffic court, or your auto insurance provider.
If you have been ordered to complete a Kansas defensive driving course to satisfy a court or DOR requirement, you should receive information about:
  • Your deadline to finish the program.
  • Which program you must complete.
  • Additional fees and documents you need to submit.
For more information about courses available to you, please contact:
  • The Kansas DOR.
  • The traffic court handling your ticket.
    OR
  • Your car insurance provider.

Dismiss a Traffic Ticket

For
​
minor traffic offenses, your court may allow you to complete a defensive driving course to dismiss your traffic ticket. Traffic school may also be mandatory, depending on your conviction.

If you are convicted of a major traffic offense or receive too many tickets, the Kansas DOR will add points to your driving record and possibly suspend your driver's license. You may be able to use traffic school to either prevent a suspension or reinstate your driver's license.
For more information, please visit our pages on:

Earn an Insurance Discount

Taking a Kansas defensive driving/driver improvement course voluntarily may allow you to earn a safe driving discount with your insurance provider.
Depending on your auto insurance provider, they may offer discounts to drivers of all ages, not just teenage and elderly drivers.
Remember to check with the appropriate agency before enrolling in a defensive driving course to make sure you're eligible for a discount.

Kansas Traffic School Details

Both classroom and online defensive driving courses in Kansas may cover topics including:
  • Kansas traffic laws.
  • Traffic violations and consequences.
  • Alcohol/drug abuse and its effects on your driving ability.
  • Safe driving habits.
  • Sharing the road with other drivers, motorcyclists, bicyclists, and pedestrians.
Courses can last anywhere from 4 to 12 hours. Contact your course provider for specific course information and fees.
Generally, you'll need to pass a final test as part of your defensive driving course, and you'll receive a certificate upon completion.
Depending on your reason for taking traffic school, you may need to submit your completion certificate to the traffic court handling your citation, the Kansas DMV, and/or your car insurance company.


www.dmv.org

Kansas Defensive Driving & Traffic School | DMV.ORG

Kansas defensive driving and traffic school requirements and options. Take a course to dismiss a traffic ticket, satisfy a court requirement, or earn a car insurance discount.
www.dmv.org


Discuss the above options.

Think it over, then choose a solution that works best for you.
 
Thank you, Army Judge
I m speaking from my own experience. Not a single time, a defensive driving school was an option where I live in KS (both of us have defensive course completed for insurance discount). Diversion program (when you are to drive for 6 month without being pulled over) is quite common. Sometimes they are able to offer you to amend your violation for a less serious (not often though). We will contact the court in writing to see what they say.
 
Zigner said:
To be clear - your daughter will contact the court. You are not a part of this, legally speaking.
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of course (even though I haven't mentioned how old she is). I would love to appear as her representative, since she can't make it but I understand it likely is not possible
 
Marybell said:
of course (even though I haven't mentioned how old she is). I would love to appear as her representative, since she can't make it but I understand it likely is not possible
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That's odd. Being in college, I assumed she was an adult, but I had 19 years old specifically in my mind for some reason.

In any case, unless you are an attorney, you cannot represent her in court proceedings. I understand that you wish to help (as most parents would), but there's only so much you can do directly.
 
Zigner said:
That's odd. Being in college, I assumed she was an adult, but I had 19 years old specifically in my mind for some reason.

In any case, unless you are an attorney, you cannot represent her in court proceedings. I understand that you wish to help (as most parents would), but there's only so much you can do directly.
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19 is correct. thank you, you are right
 
Marybell said:
Thank you, Army Judge
I m speaking from my own experience. Not a single time, a defensive driving school was an option where I live in KS (both of us have defensive course completed for insurance discount).
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You're most welcome, Marybell.
By the way, your name reminds me of one of my favorite aunts.
She became a Nun.
Her name was: SISTER (DR.) Mary Magdalene.
She earned her MD degree and credential, and specialized in OB/GYN.
Sorry, I often digress.

This the 21st, not the 20th century.

We have many options.

Unlike the 1980s, for example, you can complete the defensive driving course online. The school is as close as your laptop, tablet, or some mobile phones.

What, no laptop or tablet?
You can do the online course using public resources in most public libraries.

Heck, in Texas that even includes any library on the campus of any community college or any state supported university.

Deferred adjudication requires the defendant to obey all traffic laws, drive carefully, and the entire event will simply disappear, as if nothing ever happened.
 
Thank you, everyone
We emailed them a written statement, will see what happens. "We" because while teens are still on my insurance, I'm in it (unfortunately)
Does anyone know, with this "Deferred adjudication" (they call it "diversion program" here) - if someone gets a violation in a different state- does it count against you? Not that she'll be violating the law but you never know. She won't be spending much time in her home state.
 
She has taken defensive driving in the past - We pointed this out in the written statement which was a mistake on my side .. as we can see, it didn't help her to obey the law
Should have asked instead - is defensive driving an option?
 
Marybell said:
Thank you, everyone
We emailed them a written statement, will see what happens. "We" because while teens are still on my insurance, I'm in it (unfortunately)
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Only your adult daughter is involved in her legal matters. Your name should not appear anywhere on any documents that are sent to the court. I understand that it may affect you in the future, but that does not mean you are involved beyond possible financial repercussions in the future.

EDIT: It may, in fact, annoy the court that this adult's parent appears to be so involved in this matter, as opposed to allowing the adult to suffer the consequences of her own actions.
 
Zigner said:
Only your adult daughter is involved in her legal matters. Your name should not appear anywhere on any documents that are sent to the court. I understand that it may affect you in the future, but that does not mean you are involved beyond possible financial repercussions in the future.

EDIT: It may, in fact, annoy the court that this adult's parent appears to be so involved in this matter, as opposed to allowing the adult to suffer the consequences of her own actions.
Click to expand...
Obviously, she is the one talking to the court.
 
Thank you all.
Still, are there any disadvantages to having a ticket on your record besides a potential premium increase?
Is it worth making every effort to remove it?
The court replied and they are not offering to move the first appearance date (which is in 2 days)
Their options are to pay, to appear in court, or to apply for diversion by email (extra $100)
 
In doing a cost benefit analysis, the daughter should include the rate increase for the insurance, not just the fine itself.
 
Marybell said:
how can we predict at what rate it would increase?
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You could ask your insurance provider, or use an online calculator to get an estimate.

If it were my child, I would discuss having them pay the difference, and suggest that they research the other options. (Granted, I didn't even help my kid get a learner's permit, they had to figure out how to get to the RMV on their own using public transit.)

She needs to know what the consequences are and actively deal with them. She's a legal adult and it's her ticket. She needs to understand that things will go on her record and that states do communicate with each other. Part of doing well as an adult in your career is learning how to handle these things on your own.
 

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