§ 35-922. Driving while licensing suspended or revoked.

(a)

No person shall operate a motor vehicle or motorized bicycle on any public street or highway of this city at a time when such person's privilege to do so is canceled, suspended, or revoked or while such person's privilege to obtain a driver's license is suspended or revoked.

(b)

No person shall be convicted under this section if such person, at the time of arrest was entitled under K.S.A. 8-257, and amendments thereto, to the return of such person's driver's license.

(c)

Except under the circumstances set out in subsection (c)(3) of this section, the following penalties shall apply to a person convicted of violating this section:

(1)

Upon a first conviction, a person shall be sentenced to not less than five days nor more than six months imprisonment and fined not less than $100.00 nor more than $1,000.00.

(2)

Upon a second conviction of a violation of this section, a person shall be sentenced to not less than five days nor more than one year imprisonment and fined not less than $100.00 nor more than $2,500.00. The person convicted must serve five consecutive days imprisonment either before or as a condition of any grant of probation, parole, or suspension or reduction of sentence.

(3)

If a person is convicted of any of the following, the person shall not be eligible for suspension of sentence, probation, or parole until the person has served as least 90 days imprisonment, and any fine imposed on such person shall be in addition to such a term of imprisonment.

a.

Is convicted of a violation of this section committed while the person's privilege to drive or privilege to obtain a driver's license was suspended or revoked for a violation of section 35-250 of this chapter, and amendments thereto, K.S.A. 8-1567, and amendments thereto, K.S.A. 8-2,144, or K.S.A. 8-1025, or any ordinance of any city or a law of another state, which ordinance or law prohibits the acts prohibited by those statutes; and

b.

Is or has been also convicted of a violation of section 35-250, and amendments thereto, or K.S.A. 8-1567, and amendments thereto, K.S.A. 8-2,144, K.S.A. 8-1025, or of a municipal ordinance or law of another state, which ordinance or law prohibits the acts prohibited by those statutes, committed while the person's privilege to drive or privilege to obtain a driver's license was suspended or revoked.

(4)

Upon a third or subsequent conviction of this section, a person shall be sentenced to not less than 90 days imprisonment and fined not less than $1,500.00 if such person's privilege to drive a motor vehicle is canceled, suspended, or revoked because such person:

a.

Refused to submit and complete any test of blood, breath, or urine requested by law enforcement excluding the preliminary screening test as set forth in K.S.A. 8-1012, and amendments thereto;

b.

Was convicted of violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage;

c.

Was convicted of vehicular homicide, K.S.A. 21-3405, prior to its repeal, or K.S.A. 21-5406, and amendments thereto, involuntary manslaughter while driving under the influence of alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or involuntary manslaughter as defined in K.S.A. 21-5405(a)(3), and amendments thereto, or any other murder or manslaughter crime resulting from the operation of a motor vehicle; or

d.

Was convicted of being a habitual violator, K.S.A. 8-287, and amendments thereto.

(5)

The person convicted under the circumstances of subsection (c)(4) of this section 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 pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentences only after such person has served 48 consecutive hours imprisonment.

(d)

For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, "conviction" includes a conviction of a violation of any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this section.

(e)

For the purposes of this section, if any person operates a motor vehicle or a motorized bicycle on any public highway of this city at a time when such person's privilege to do so has been restricted by the division, by a judge of a court of competent jurisdiction or by a diversion agreement entered into by the person pursuant to K.S.A. 12-4413 et seq., and amendments thereto, and such operation violates or is outside the scope of such restrictions, such person shall be deemed to be operating a motor vehicle or motorized bicycle when such person's privilege to do so has been suspended, or revoked.

(Code 1964, § 36-306; Code 1988, § 35-820; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 63165, § 6, 7-23-1981; Ord. No. 64514, § 10, 8-18-1983; Ord. No. 64834, § 5, 7-1-1985; Ord. No. 65885, § 1, 3-10-1994; Ord. No. O-19-04, § 16, 3-4-2004; Ord. No. O-103-06, § 16, 10-5-2006; Ord. No. O-8-08, § 6, 1-31-2008; Ord. No. O-51-12, § 12, 9-6-2012; Ord. No. O-49-15 , § 1, 8-13-2015)

State law reference

Similar provisions, K.S.A. 8-262.