§ 11.42.030. Driving while license suspended, canceled or revoked.

(A)

It is unlawful for any person within the city to authorize or knowingly permit a motor vehicle owned by such person or under such persons control to be driven by any person who has no legal right to do so, or who does not have a valid driver's license;

(B)

The clerk of the municipal court shall forward to the division a record of the conviction of any person in such court as soon as possible after such conviction on the following charges the first five of which require a mandatory revocation or suspension of the license:

(1)

Driving a vehicle while under the influence of intoxicating liquor or drugs;

(2)

Conviction or forfeiture of bail upon three charges of reckless driving, all within the preceding twelve months;

(3)

Failing to stop after an accident resulting in death or injury to another person and disclosing such person's identity at the scene of the accident;

(4)

Operating a vehicle while the license of such person is suspended or revoked;

(5)

Refusing to submit to a breath test when requested to do so by a law enforcement officer;

(6)

The violation of this title or any other traffic ordinance of the city, or the forfeiture of bail therefore, except times of parking, and the judge of the municipal court, where, in the judge's opinion, the facts and circumstances warrant it, shall recommend to the division the suspension of the drivers license of the person so convicted.

(C)

Any person who drives a motor vehicle on any street and/or alley in this city at a time when such persons privilege to do so is canceled, suspended or revoked or while such persons privilege to obtain a drivers license is suspended or revoked pursuant to K.S.A. 8-252, K.S.A. 8-286 or K.S.A. 8-252a, and amendments thereto, shall be guilty of a misdemeanor.

(D)

The penalty for convictions of section (C) shall be as follows:

(1)

Upon a first conviction except as provided by section (E), punishment by imprisonment of not more than six months, and a fine of not more than one thousand five hundred dollars shall be imposed. Upon a first conviction, such person shall be sentenced to at least five days imprisonment and fined at least one hundred dollars.

(2)

Upon a second or subsequent conviction and except as provided by section (E), or section (D)(3), punishment by imprisonment of not more than one year, and a fine of not more than two thousand five hundred dollars shall be imposed. Such person shall not be eligible for parole until completion of five days imprisonment. Such mandatory fine imposed shall be at least two hundred fifty dollars.

(3)

Upon a third or subsequent conviction and except as provided by section (E), punishment by imprisonment of not more than one year, and a fine of not more than two thousand five hundred dollars shall be imposed. The person convicted shall be sentenced to not less than ninety (90) days imprisonment and fined not less than one thousand five hundred dollars, if such person's privilege to drive a motor vehicle is canceled, suspended or revoked:

(a)

Because such person 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 K.S.A. 8-1012, and amendments thereto;

(b)

Because such person was convicted of violating the provisions of K.S.A. 40-3104, and amendments thereto, or similar ordinance of any city or resolution of any county or a law of another state, which ordinance or law prohibits the acts prohibited by that statute, relating to motor vehicle liability insurance coverage;

(c)

Because such person 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 amendments thereto, or any other murder or manslaughter crime resulting from the operation of a motor vehicle;

(d)

Because such person was convicted of being a habitual violator, K.S.A. 8-287, and amendments thereto, or similar ordinance of any city or resolution of any county or a law of another state, which ordinance or law prohibits the acts prohibited by that statute, relating to driving while being a habitual violator; or

(e)

Pursuant to K.S.A. 8-286 and amendments thereto.

(4)

The person convicted, and sentenced pursuant to the provisions of section (D)(3), shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least ninety days imprisonment. The ninety days imprisonment mandated by this subsection may be served in a work release program only after such person has served forty-eight 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 consecutive hours imprisonment.

(E)

If a person:

(1)

Is convicted of a violation of section (C) committed while the person's privilege to drive or privilege to obtain a drivers license was suspended or revoked for a violation of Section 11.38.150 of this Code, and amendments thereto, Section 11.38.140, or Section 11.38.155 of this Code and any amendments thereto, K.S.A. 8-1567, K.S.A. 8-2,144 or Section 2 of 2012 House Substitute for Senate Bill 60 and any amendments thereto or any law of the state, ordinance of any city or law of another state which ordinance or law prohibits the acts prohibited by these sections and

(2)

is or has been convicted of a violation of Section 11.38.150, Section 11.38.155, or Section 11.38.140 of the Code of the City of Wichita of this Code, and amendments thereto, K.S.A. 8-1567, K.S.A. 8-2,144 or Section 2 of 2012 House Substitute for Senate Bill 60 and any amendments thereto or of any law of this state, ordinance of any city or law of another state which ordinance or law prohibits the acts prohibited by these sections, committed while the person's privilege to drive or privilege to obtain a drivers 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 days imprisonment, and any fine imposed on such person shall be in addition to such a term of imprisonment.

(F)

For the purposes of determining whether a conviction is a first, second, third, or subsequent conviction, conviction includes a conviction of a violation of any ordinance of any city or a law of this or any other state, or resolution of any county, which is in substantial conformity with section (C).

(Ord. No. 44-997 § 1; Ord. No. 47-060, § 1, 6-27-06; Ord. No. 47-357, § 1, 2-27-07; Ord. No. 47-506, § 1, 6-26-07; Ord. No. 49-293, § 1, 6-26-2012)