Printable Format8-2116. Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses. (a) Every person convicted of violating K.S.A. 8-2503, and amendments thereto, or violating any of the sections listed in the uniform fine schedule in K.S.A. 8-2118, and amendments thereto, is guilty of a traffic infraction.
(b) Except where another penalty or class of misdemeanor is provided by statute, every person convicted of violating any provision of the uniform act regulating traffic on highways designated as a misdemeanor is guilty of a class C misdemeanor, except that upon a second such offense committed within one year after the date of the first such offense, upon conviction thereof, such person is guilty of a class B misdemeanor, and upon a third or subsequent such offense committed within one year after the first such offense, upon conviction thereof, such person is guilty of a class A misdemeanor.
History: L. 1974, ch. 33, § 8-2116; L. 1975, ch. 39, § 37; L. 1984, ch. 39, § 26; L. 2019, ch. 8, § 1; July 1.
Source or prior law:
8-5,125.
Law Review and Bar Journal References:
"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 412 (1979).
Attorney General's Opinions:
Vehicle size, weight and load; penalties for weight violations. 81-44.
Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.
CASE ANNOTATIONS
1. Referred to in determination of controlling section (K.S.A. 21-3405) in involuntary manslaughter prosecution. State v. Makin, 223 Kan. 743, 748, 576 P.2d 666.
2. Arrest for driving on suspended license not an arrest for traffic infraction. Griffin v. State, 14 Kan. App. 2d 803, 809, 799 P.2d 521 (1990).
3. What constitutes a "traffic offense" as defined in K.S.A. 8-2117(d) examined; driving with suspended license (K.S.A. 8-262) held not within definition. State v. Frazier, 248 Kan. 963, 966, 811 P.2d 1240 (1991).
4. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 801, 184 P.3d 978 (2008).