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  1. #1
    Join Date
    Aug 2010
    Location
    Kansas
    Posts
    3

    Question Invalid Driver's License

    My question involves a driver's license issued by the State of: Kansas/Missouri

    I moved from MO to KS 3 years ago but never got a new KS driver's license.

    I was recently pulled over (for speeding) and got a ticket for not having a KS license (KS Code 8-235 is what was wrote on the ticket as the violation), but I still had an unexpired, valid MO driver's license. I looked up the state law code and thought this was for having an invalid driver's license, but I was actually able to goto the County court website, look up my case, and see that I am being charged with "No Driver's License" for this, and that it is a class B misdemeanor.

    What I'm confused about is how can I be charged with not having a driver's license (at all?) when I showed one for another state at the time I was pulled over. I tried calling the court to see what the fine might be, they (admin clerks) did not know and said I had to go to the court date but also seemed confused at the charge. I've tried leaving messages with the district court prosecuting attorney, but I'm still awaiting response.

    Can someone help me to understand how I'm being charged with having "no driver's license?" And what this might mean as far as fines?

    Also, how/why is this a misdemeanor? I'm not too familiar with what constitutes a misdemeanor, but other acts that I've looked up seem more severe than simply driving with an out-of-state license.

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    28,111

    Default Re: Invalid Driver's License

    but I still had an unexpired, valid MO driver's license.


    No, you did not have an unexpired VALID MO driver's license. You are a resident of Kansas so you must have a Kansas license. Your MO license is no longer valid.

  3. #3
    Join Date
    Aug 2010
    Location
    Kansas
    Posts
    3

    Post Re: Invalid Driver's License

    Thanks for your thoughts, but here's something else to ponder.

    I have since gotten my KS driver's license and now I wonder how if my MO license was technically invalid. How come KS let me use my MO license to get a KS license without needing to take another driver's test? I think it's reasonable to assume if the MO license was "no longer valid" (and hasn't been valid for about 3 years), that it wouldn't be acceptable proof to the state of KS of my ability to drive. Just seems like there's some sort of loophole...

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Invalid Driver's License

    Here's how KS law defines "Driver's License":

    8-1417. "Driver's license" defined. "Driver's license" means any license to operate a motor vehicle issued under the laws of this state.


    You were cited for being a resident of KS and driving without a valid driver's license issued under the laws of that state (KANSAS). In other words, KS law requires a driver to obtain a KS driver's license within the first 60 days of establishing residency in KS... You waited 3 years. Therefore, and while your MO license had not expired yet, it is not a substitute for a KS driver's license considering the fact that you are a KS resident!

    Go to court, show your new KS license and hope for a fine reduction or maybe even a dismissal... But to suggest that you were legally driving in KS (with you being a resident of KS) all while using an MO driver's license is NOT a valid statement.

  5. #5
    Join Date
    Aug 2010
    Location
    Kansas
    Posts
    3

    Default Re: Invalid Driver's License

    Thanks, people, for all your thoughts.

    Here's the result: I went up to the court today to see if I could just talk with the prosecutor. They met with me and didn't agree with the officer giving me such a ticket because the violation was for having "NO DRIVERS LICENSE" and since I had one, regardless of which state it was issued, they just dismissed it.

    Final note: You have 90 days after estiblishing residency in KS to obtain the KS driver's license.

    Thanks!

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Invalid Driver's License

    Quote Quoting GreenKS
    View Post
    Final note: You have 90 days after estiblishing residency in KS to obtain the KS driver's license.
    Actually, it is 60 days after establishing residency... For future reference, Lets clarify that a bit more...

    You are considered a resident of Kansas, 90 after the conditions stated in 8-234-a(2) have commenced:
    Quote Quoting Subsection 8-234a(2) of the Kansas Code
    (2) "nonresident" means every person who is not a resident of this state. For the purposes of the motor vehicle drivers' license act any person who owns, rents or leases real estate in Kansas as such person's residence and engages in a trade, business or profession within Kansas or registers to vote in Kansas or enrolls such person's children in a school in this state or purchases Kansas registration for a motor vehicle, shall be deemed a resident of the state of Kansas 90 days after the conditions stated in this subsection commence, except that military personnel on active duty and their military dependents who are residents of another state, shall not be considered residents of the state of Kansas for the purpose of this act;
    ... then (pursuant to 8-240(e)(8) of the KS code) you have 60 days from that date (the date you established residency) to apply for a KS DL.

    Quote Quoting Subsection 8-240(e)(8) of the Kansas Code
    ....
    If one fails to make an original application or renewal application for a driver's license within the time required by law, or fails to make application within 60 days after becoming a resident of Kansas, a penalty of $1 shall be added to the fee charged for the driver's license.
    ...
    Either way, you dodged the proverbial bullet of a misdemeanor charge... Congrats!

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