If you have received a traffic ticket, the following information may be helpful to you.
What is traffic diversion?
The Douglas County District Attorney has established the following guidelines for diversion of traffic infraction charges. Traffic infractions are violations for which a standard penalty is listed at K.S.A. 8-2118. See K.S.A. 21-3105. In addition, misdemeanor violations of K.S.A. 8-2503 and K.S.A.8-142 (expired tag only) may be combined with an infraction for diversion.
How do I know if I'm eligible for a traffic diversion?
These guidelines are effective for any cases pending or offenses committed on or after April 1, 2007. Diversion is a privilege and not a right. No presumption in favor of diversion exists in any case. It is presumed that diversion is not appropriate in the following circumstances:
- The Applicant has had a diversion or amendment through this office or in the Douglas County District Court in the 12 months preceding the date of the court approval.
- The current charges include more than one moving violation. However, nonmoving violations may be combined with a moving violation for diversion.
- The current citation was issued as a result of an accident or if alcohol was a factor.
- The current citation is for a speed in excess of 20 mph over the speed limit or for a violation committed in a construction or school zone or involving a school bus or emergency vehicle.
- The offense was combined with a major traffic offense, including but not limited to driving without having liability insurance in force, driving while suspended, driving while revoked, reckless driving, fleeing or attempting to elude, or leaving the scene/failure to report an accident.
- The applicant has active warrants.
- Important! A driver or holder of a commercial driver’s license may NOT enter into a diversion agreement pursuant to KSA 8-2, 150.
What procedures must I follow?
- APPLICANT MUST ATTEND ALL COURT APPEARANCES UNTIL FINALIZED DIVERSION AGREEMENT IS FILED. The process takes about four to eight weeks from the date it is submitted.
- The diversion application must be completed on forms provided by the District Attorney’s office.
- A legible copy of the ticket must be submitted with this application, or the application will not be accepted.
- The application must be sworn and signed in the presence of a notary, which may be done in the District Attorney’s office during regular business hours (Monday through Friday, 8:30am-12pm, 1pm-5pm)
- Applicant will be responsible for a diversion fee of $100, the fine amount(s), and court costs of $108. Important! Payment shall be made with a personal check, cashier’s check, or money order made payable to ‘DA Custodial Fund’. Cash will not be accepted. Payment must be turned in with the diversion agreement.