Speeding Tickets in Kansas
Fighting a Speeding Ticket in Kansas
Kansas Points – Fines – Reciprocity and Other Issues
Speed limit laws can be defined under two categories: absolute speed limits and presumed speed limits. Absolute speed limits set a maximum speed at which a car can legally travel. These speed limits are termed “absolute” because they cannot be legally exceeded under any condition. For example, this would make it illegal to even drive 1 mile over the maximum limit. In Kansas, the absolute maximum speed limits are set by state statute K.S.A. §8-1558. This statute states that, “no person shall operate a vehicle at a speed in excess of such maximum limits.” The limits are set as follows: 30 mph for urban districts, 70 mph for multilane highways, 55 mph for county or township highways, and 65 mph for all other highways.
While most states employ the maximum speed limit laws, some states have “presumed” speed limit laws. Presumed speed limits allow motorists to drive at a discretionarily safe speed under certain road conditions, such as road construction or weather conditions. According to state statute, the presumed speed limit law in Kansas states, “no person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions have having regard to the actual hazards then existing.” This allows law enforcement to ticket a driver who is driving under the maximum speed limit, if they believe the driver is driving at an unsafe speed under the conditions present at the time they are ticketed. These situations most often present themselves when approaching a crossing intersection or railroad crossing, when driving around a curve, when approaching a hill crest, when traveling upon a narrow or winding roadway, and when driving during icy or slick road conditions.
Elements Necessary to Prove a Traffic Violation in Kansas
If you decide to fight your speeding ticket by taking the matter to trial, the prosecutor must establish the presence of all requisite elements of the charge against you. In order to know the necessary elements, you must first find out what you are being charged with. Your charge is indicated on your traffic ticket, usually by some sort of statutory code. Once you figure out the specific statutory violation, you should research the statute and it will tell you the elements needed to prove your guilt. However, because speeding is a strict liability offense in Kansas, you are automatically found guilty if the prosecutor is able to prove you were driving above the maximum limit. On the other hand, if you were ticketed for violating a presumed speed limit rather than an absolute, the necessary elements are going to be based on the subjective “reasonability” of your speed at the time you were ticketed.