Penalties for a Conviction Under Kansas Law
The offense defined by K.S.A. 8-1566 is generally a misdemeanor case. A first conviction carries five to 90 days of imprisonment, a fine of $25 to $500, or both. A second or later conviction carries 10 days to six months of imprisonment, a fine of $50 to $500, or both.
The Kansas Department of Revenue classifies this offense as a major violation. A conviction can result in a mandatory 90-day revocation of driving privileges, although a court may suspend or restrict that action where Kansas law allows. The criminal case and licensing consequences require separate review because different procedures, decision-makers, and deadlines may apply.
Some cases include additional allegations, such as driving under the influence, leaving the scene of an accident, fleeing or eluding, or another accident-related offense. These are distinct charges with separate elements and consequences. Their presence can change both the criminal defense and driver’s-license analysis.
Evidence That Can Shape Your Defense
A citation records an officer’s accusation, but it doesn’t establish guilt. We examine the available evidence, identify possible procedural errors, and assess whether the charged statute fits the observed conduct. Our evaluation reflects the specific circumstances rather than a standard response to every traffic offense.
Relevant evidence may include:
- Charging documents: The citation, complaint, cited statute or ordinance, and officer narrative.
- Recorded evidence: Dash-camera footage, body-camera footage, nearby surveillance video, photographs, and personal recordings.
- Incident evidence: Road conditions, vehicle damage, crash evidence, traffic patterns, dispatch records, and location details.
- Witness evidence: Statements from passengers, other drivers, pedestrians, or responding officers.
Potential defense issues include whether the conduct demonstrated willful or wanton disregard, whether video supports the officer’s description, and whether witness accounts are consistent. The alleged speed, surrounding traffic, visibility, road design, and duration of the conduct may all matter. We also consider whether another traffic or criminal provision more accurately describes what occurred.
What Happens After a Citation?
The next steps depend in part on whether the case was filed under a municipal ordinance or Kansas statute. The citation or complaint may determine whether it proceeds in Overland Park Municipal Court or another court with jurisdiction. Drivers shouldn’t assume every local allegation follows the same process.
A typical defense review can involve:
- Confirming the charge, court, appearance date, and other deadlines
- Requesting and examining discovery from the prosecution
- Comparing officer observations with video, physical evidence, and witness accounts
- Evaluating criminal penalties and licensing consequences separately
- Discussing negotiation, motion, hearing, and trial options as appropriate
Preserve photographs, recordings, messages, witness contact information, and paperwork related to the stop or incident. Don’t edit or delete potentially relevant material, and avoid posting details of the case publicly. We provide clear explanations and regular updates as we prepare for negotiations, motion practice, hearings, or trial.
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Testimonials
Client-Centered Legal Representation
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"Phenomenal from start to finish."I recently worked with the team at Gigstad Law Office, LLC, and I highly recommend them. Their expertise and experience were evident throughout the entire process. They were flexible with my schedule and thoroughly answered all my questions. They achieved a very positive outcome for my case.Kenia A.
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"Mr. Gigstad Was Able to Help Calm Me down and Get Everything Worked out for Me with My DUI"I was freaked out when I came to him, but Mr. Gigstad was able to help calm me down and get everything worked out for me with my DUI. I hope I don't get in trouble and need him again, but I would gladly recommend his services.Davis
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"He Is an Excellent Choice for Legal Representation"Robert was able to take care of my speeding ticket in a timely and affordable fashion. He is an excellent choice for legal representation.Dan
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"Would Highly Recommend Robert to Others"I was facing a second DUI and was very much dreading the impact this would make on my professional career and near future goals. Robert walked me through each part of the process and made sure I understood what to expect through the court process. He was very professional and made sure that no stone was turned. The end result, unbelievably was my charges were all dismissed. He was able to find an important information that lead to the dismissal. Would highly recommend Robert to others.Happy Client
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"Amazing since day one!"You and your team have been amazing since day one; I cannot thank you enough for the 'smooth process' and keeping my mind at ease throughout.K.V.
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"I Have No Reservation Whatsoever in Recommending His Legal Services"Robert was very helpful on my (2) Moving violations. He skilly negotiated both to parking tickets - neither are reportable to my insurance. He kept me informed during the important milestones of the process. I have no reservation whatsoever in recommending his legal services. Steve RichardsonSteve R.
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"Robert Was Able to Handle Our Case with the Utmost Professionalism and Discretion"Robert was able to handle our case with the utmost professionalism and discretion. He took the time to outline any and all appropriate courses of action, demonstrating what I viewed as a superior consultative prowess. I was very appreciative of his aid, and would highly recommend him to my family and friends.Adam
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"Robert Quickly Found out What Actions I Could Pursue with the Moving Violation I Received"Robert quickly found out what actions I could pursue with the moving violation I received. He took care of everything for me, and all I had to was give him the paperwork. I highly recommend Robert for consultation as my moving violation was skillfully changed to a non-moving violation and kept off my record/insurance.Mike
Criminal Defense Credentials & Client-Focused Service
Our practice focuses on criminal and driving under the influence defense in Kansas. Our attorneys belong to organizations including the Kansas Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, National College for DUI Defense, Kansas Bar Association, and Johnson County Bar Association. Our firm has also received an Avvo rating for professionalism and skill and recognition from The National Trial Lawyers: Top 100. Although credentials can’t determine the outcome of a case, they reflect our continued involvement in the criminal defense bar.
Understand Your Charge & Decide What Comes Next
A free initial consultation can help you identify the exact allegation, immediate court obligations, documents to preserve, and possible driver’s-license consequences. Bring your citation, bond or release paperwork, court notices, and any available photographs or recordings.
We can explain how the evidence and applicable law affect your options, then develop a defense strategy suited to your circumstances. Outcomes depend on the facts, prior record, court, and prosecution, but we make sure you understand what each available option involves.
Call (888) 387-2036 to schedule your free consultation with Gigstad Law Office, LLC about reckless driving defense in Overland Park.
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LICENCE NOT SUSPENDED A.H. V. KANSAS DEPARTMENT OF REVENUE
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LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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DRIVER'S LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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