KANSAS OFFICE of
  REVISOR of STATUTES

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8-254. Mandatory revocation of driver's license by division of vehicles; exceptions for court imposed restrictions. (a) Subject to the provisions of subsection (b), the division shall revoke a person's driving privileges upon receiving a record of the person's conviction of any of the following offenses, including municipal violations, when the conviction has become final, or upon receiving a record of a person's adjudication as a juvenile offender for commission of an act which, if committed by a person 18 or more years of age, would constitute any of the following offenses when the adjudication has become final:

(1) Involuntary manslaughter, as defined in subsection (a)(2) of K.S.A. 21-5405, and amendments thereto, if the crime is committed while committing a violation of K.S.A. 8-1566 or subsection (a) of 8-1568, and amendments thereto, or the ordinance of a city or resolution of a county which prohibits any acts prohibited by those statutes;

(2) vehicular homicide, as defined in K.S.A. 21-5406, and amendments thereto;

(3) battery, as defined in subsection (a)(1) of K.S.A. 21-5413, and amendments thereto, if the crime is committed while committing a violation of K.S.A. 8-1566 or 8-1568, and amendments thereto, or the ordinance of a city or resolution of a county which prohibits the acts prohibited by those statutes;

(4) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(5) conviction, or forfeiture of bail not vacated, upon a charge of reckless driving;

(6) conviction, or forfeiture of bail not vacated of any felony in the commission of which a motor vehicle is used; or

(7) fleeing or attempting to elude a police officer as provided in K.S.A. 8-1568, and amendments thereto, or conviction of violation of an ordinance of any city or a law of another state which is in substantial conformity with such statute.

(b) In lieu of revoking a person's driving privileges as provided by subsection (a), the court in which the person is convicted or adjudicated may place restrictions on the person's driving privileges as provided by K.S.A. 8-292, and amendments thereto, unless the violation was committed while operating a commercial motor vehicle, as defined in K.S.A. 8-2,128. Driving privileges are to be automatically revoked if the violation which leads to the subsequent conviction occurs in a commercial motor vehicle, as defined in K.S.A. 8-2,128.

History: L. 1937, ch. 73, § 21; L. 1943, ch. 82, § 1; L. 1949, ch. 104, § 25; L. 1959, ch. 49, § 22; L. 1963, ch. 53, § 1; L. 1970, ch. 51, § 1; L. 1974, ch. 39, § 1; L. 1975, ch. 36, § 23; L. 1981, ch. 42, § 1; L. 1983, ch. 34, § 2; L. 1984, ch. 37, § 2; L. 1988, ch. 47, § 2; L. 1989, ch. 38, § 30; L. 2011, ch. 30, § 86; July 1.

Cross References to Related Sections:

Restriction of license by court for driving while under the influence of intoxicating liquor, see 8-1567.

Juvenile traffic offenders, see 8-2117.

Law Review and Bar Journal References:

Revocation of a driver's license is mandatory for refusing the chemical test, 30 J.B.A.K. 140 (1961); 10 K.L.R. 489 (1962) [both citing a Feb. 20, 1961, opinion of the attorney general].

Traffic courts, James W. Putnam, 23 J.B.A.K. 215, 226 (1955).

Section does not apply to a miscreant, such adjudication does not constitute a conviction, Richard H. Seaton, 16 K.L.R. 277, 282, 284 (1968).

"Recent Developments—Traffic Cases and License Problems," William M. Ferguson, 39 J.B.A.K. 351, 399 (1970).

Attorney General's Opinions:

Traffic violation arrests; citations, procedures and penalties; appearance bond. 83-137.

CASE ANNOTATIONS

1. Conviction of driving automobile while license suspended; admissibility of exhibit in evidence questioned (dissenting opinion). State v. Harkness, 189 Kan. 581, 587, 588, 370 P.2d 100.

2. Cited; appeal from suspension or revocation for refusal to submit to blood test. Lira v. Billings, 196 Kan. 726, 727, 414 P.2d 13.

3. Section cited; conviction under K.S.A. 8-262 reversed. City of Overland Park v. Rice, 222 Kan. 693, 695, 567 P.2d 1382.


 



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