§ 35-78. Operation of a motor vehicle when a habitual violator.

Operation of a motor vehicle when the person's driving privileges are revoked pursuant to K.S.A. 8-286 and amendments thereto shall be punished by a fine of not more than $2,500.00 or by imprisonment for not more than one year or both such fine and imprisonment. The person found guilty of a third or subsequent conviction of this section shall be sentenced to not less than 90 days' imprisonment and fined not less than $1,500.00. The person convicted shall not be eligible for release on probation, suspension, or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.

(Code 1988, § 35-59; Ord. No. O-2-05, § 27, 1-6-2005; Ord. No. O-103-06, § 2, 10-5-2006)

State law reference

Similar provisions, K.S.A. 8-287.