Terms Used In Kansas Statutes 8-254

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property, if:

    (1) The vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating, as determined by rules and regulations adopted by the secretary, but shall not be more restrictive than the federal regulation;

    (2) the vehicle is designed to transport 16 or more passengers, including the driver; or

    (3) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Kansas Statutes 8-2,128

  • conviction: means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law and in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated;

    (i) "disqualification" means any of the following:

    (1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;

    (2) any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations;

    (3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C. See Kansas Statutes 8-2,128

  • Conviction: A judgement of guilt against a criminal defendant.
  • Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
  • Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
  • state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;

    (6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and

    (7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a

  • Statute: A law passed by a legislature.

(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 Kan. Stat. Ann. § 21-5405, and amendments thereto, if the crime is committed while committing a violation of Kan. Stat. Ann. §§ 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 Kan. Stat. Ann. § 21-5406, and amendments thereto;

(3) battery, as defined in subsection (a)(1) of Kan. Stat. Ann. § 21-5413, and amendments thereto, if the crime is committed while committing a violation of Kan. Stat. Ann. §§ 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 Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 8-292, and amendments thereto, unless the violation was committed while operating a commercial motor vehicle, as defined in Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 8-2,128.