10.01.194 Driving While License Canceled, Suspended or Revoked – Penalty.
(A)
(1) Except as provided in subsections (A)(3), (A)(4) and (B) of this section, any person who drives a motor vehicle on any street or highway at a time when such person’s privilege so to do is canceled, suspended or revoked or while such person’s privilege to obtain a driver’s license is suspended or revoked pursuant to K.S.A. 8-252a and amendments thereto, shall be guilty of a class B public offense on the first conviction and a class A public offense on the second or subsequent conviction. In addition to any other criminal penalties provided by law, any person convicted of a violation of this section shall be subject to a fine of not less than One Hundred Dollars ($100.00).
(2) No such person shall be convicted under this section if such person was entitled at the time of arrest under K.S.A. 8-257 and amendments thereto, to the return of such person’s driver’s license.
(3) Except as provided in subsection (A)(4) or (B) of this section, every person 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 any violation other than a violation of Section 10.01.201.1 of the Olathe Traffic Ordinance or K.S.A. 8-2110, and amendments thereto, or any municipal ordinance, or resolution of any county or a law of another state that prohibits the acts prohibited by those statutes other than K.S.A. 8-2110, and amendments thereto, shall be sentenced to at least five (5) days of confinement and upon a second conviction shall not be eligible for parole until completion of five (5) days of confinement.
(4) Except as provided in subsection (B) of this section, if a person:
(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 10.01.030 or 10.01.030.1 of the Olathe Traffic Ordinance or K.S.A. 8-2,144 or 8-1567 and amendments thereto, or any ordinance of any city or a law of another state, that prohibits the acts prohibited by these statutes or ordinances; and
(b) Is or has been also convicted of a violation of Section 10.01.030 or 10.01.030.1 of the Olathe Traffic Ordinance or K.S.A. 8-2,144 or8-1567 and amendments thereto, or of a municipal ordinance, or resolution of any county or law of another state, that prohibits the acts prohibited by these statutes or ordinances committed while the person’s privilege to drive or privilege to obtain a driver’s license was so suspended or revoked, the person shall not be eligible for suspension of sentence, probation or parole until the person has served at least ninety (90) days of confinement, and any fine imposed on such person shall be in addition to such a term of confinement.
(B)
(1) A person found guilty of a class A public offense on a third or subsequent conviction of this section shall be sentenced to not less than ninety (90) days of confinement and fined not less than One Thousand Five Hundred Dollars ($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 Section 10.01.030.2 of the Olathe Traffic Ordinance, or K.S.A. 8-1012, and amendments thereto;
(b) Was convicted of violating the provisions of Section 10.01.200 of the Olathe Traffic Ordinance, or 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 K.S.A. 21-5405(a)(3) and (a)(5), 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, under Section 10.01.195.1 of the Olathe Traffic Ordinance, or K.S.A. 8-287, and amendments thereto.
(2) 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 ninety (90) days of confinement. The ninety (90) days of confinement mandated by this subsection may be served in a work release program only after such person has served forty-eight (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 to serve the remainder of the minimum sentence only after such person has served forty-eight (48) consecutive hours of confinement.
(C) For the purpose of determining whether a conviction is a first, second, third, or subsequent conviction in sentencing under this chapter, “conviction” includes a conviction of a violation of any ordinance of any city or a law of any state which is in substantial conformity with this chapter. (Ord. 23-18 § 17, 2023; Ord. 18-35 § 7, 2018; Ord. 15-64 § 36, 2015; Ord. 12-39 § 4, 2012; Ord. 12-18 § 4, 2012; Ord. 11-48 § 7, 2011; Ord. 07-136 § 15, 2007; Ord. 06-70 § 4, 2006; Ord. 01-89 § 2, 2001.)