TOPEKA POLICE DEPARTMENT

Number:    LB 06-4

 

LEGAL BULLETIN

SUBJECT:   REPEAL OF DRIVING WHILE SUSPENDED AND DRIVING WHILE HABITUAL

AMENDS:  

STATUTE REFERENCES:   

ISSUING AUTHORITY:     John Knoll, City Attorney

DATE ISSUED:   2 Aug 2006

 

 

            Pursuant to Topeka Police Department General Order C04, I request you to issue the following Legal Bulletin regarding the referenced subject.

 

            On July 25, 2006, the City Council passed ordinance No. 18684 that repeals Standard Traffic Ordinance Sections 194 relating to Driving With a Suspended License, and Section 195.1 relating to Driving While A Habitual violator.  The ordinance will be published and become effective on August 2, 2006.

 

            The effect of this action is that on and after August 2, 2006, officers can no longer issue city citations for these violations.  Any case involving such a charge will need to be submitted to the District Attorney's office for charging under the relevant state law, K.S.A. 8-262 (Driving While Suspended) or K.S.A. 8-287 (Driving While Habitual).  As always, if a stop or arrest involves one violation that must be filed under state law, please submit the whole case to the District Attorney's office.  DO NOT file an offense report for the state law violation and issue a city citation for other charges arising out of the same transaction or occurrence.

 

The reason the council took this action is due to the increased penalties for third and subsequent offenses enacted by the Kansas Legislature in Senate Bill 431.  The bill fixes mandatory minimum punishment for third and subsequent offenses at 90 days in jail and a fine of $1500.  Because the City must pay approximately $73.50 per day to imprison an offender on a city ordinance violation, adoption of the increased penalty required by Senate Bill 431 would have cost the city an estimated $4.1 million dollar increase in jail costs.

 

            If the legislature revisits this unfunded mandate on cities next year or in subsequent years, the council may revisit the issue, but until legislative changes occur, the City of Topeka is out of the business of prosecuting Driving While Suspended and Driving While Habitual offenses.  Please advise if you have any question.

 

 

John Knoll

Police Legal Advisor