We have examined how the Division of Motor Vehicles in Kansas has the potential to suspend or restrict a driver’s license in certain situations or with certain convictions. Does Kansas have a statute showing whether the Motor Vehicle Department can revoke a driver’s license altogether?
K.S.A 8-254 sets out when the Division of Motor Vehicles must revoke a driver’s license. Primarily, this statute has a list of certain criminal convictions that will trigger a mandatory license revocation. While too lenghty to list each conviction here, Kansas drivers should review this list and be aware of what covncitions can have this devastating collateral penalty for a certain criminal offense.
For Defense attorneys, being aware of this statute is a must. Often times, a client could possibly be ready to handle the criminal punishment of a case, but might not be aware of the revocation that will soon follow. Given almost all Kansas residents need their license to work or in their daily lives, a conviction of one of these offenses could have quite the long lasting effect. Defense counsel should also consider, however, that this statute does allow for an argument to ask the Court to place restrictions on a driver’s license rather than a full revocation.
A prosecutor’s awareness of this statute could result in quite a lot of leverage in negotiating a plea deal. The prosecutor could agree to go along with an argument for license restrictions or even agree to amend the charge to an offense not listed in this statute in order to get a more certain sentence.
When reviewing the list of offenses in this statute, the legislature’s intent becomes quite clear. There are offenses so serious, that no second chances at driving should be given.
Until next time, drive safe!