Kansas Statutes 8-259. Cancellation, suspension, revocation or denial of license by division; judicial review
Terms Used In Kansas Statutes 8-259
- Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license issued pursuant to Kan. See Kansas Statutes 8-2,128
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of revenue acting directly or through its duly authorized officers and agents. See Kansas Statutes 8-273
- drive: includes operation or physical control of a motor vehicle anywhere in the state;
(k) "driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(a) Except in the case of mandatory revocation under Kan. Stat. Ann. §§ 8-254 or 8-286, and amendments thereto, mandatory suspension for an alcohol or drug-related conviction under subsection (b) of Kan. Stat. Ann. § 8-1014, and amendments thereto, mandatory suspension under Kan. Stat. Ann. § 8-262, and amendments thereto, or mandatory disqualification of the privilege to drive a commercial motor vehicle under subsection (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(2)(A), (a)(3)(A) or (a)(3)(B) of Kan. Stat. Ann. § 8-2,142, and amendments thereto, the cancellation, suspension, revocation, disqualification or denial of a person‘s driving privileges by the division is subject to review. Such review shall be in accordance with the Kansas judicial review act. In the case of review of an order of suspension under Kan. Stat. Ann. § 8-1001 et seq., and amendments thereto, or of an order of disqualification under subsection (a)(1)(D) of Kan. Stat. Ann. § 8-2,142, and amendments thereto, the petition for review shall be filed within 14 days after the effective date of the order and venue of the action for review is the county where the administrative proceeding was held or the county where the person was arrested. In all other cases, the time for filing the petition is as provided by Kan. Stat. Ann. § 77-613, and amendments thereto, and venue is the county where the licensee resides. The action for review shall be by trial de novo to the court. The court shall take testimony, examine the facts of the case and determine whether the petitioner is entitled to driving privileges or whether the petitioner’s driving privileges are subject to suspension, cancellation or revocation under the provisions of this act. Unless the petitioner’s driving privileges have been extended pursuant to subsection (o) of Kan. Stat. Ann. § 8-1020, and amendments thereto, the court on review may grant a stay or other temporary remedy pursuant to Kan. Stat. Ann. § 77-616, and amendments thereto, after considering the petitioner’s traffic violations record and liability insurance coverage. If a stay is granted, it shall be considered equivalent to any license surrendered. If a stay is not granted, trial shall be set upon 21 days’ notice to the legal services bureau of the department of revenue. No stay shall be issued if a person’s driving privileges are canceled pursuant to Kan. Stat. Ann. § 8-250, and amendments thereto.
(b) The clerk of any court to which an appeal has been taken under this section, within 14 days after the final disposition of such appeal, shall forward a notification of the final disposition to the division.