§ 11.92.070. Prosecution of juvenile traffic offenders; disposition.


Latest version.
  • (a)

    Subject to the provisions of this section and of K.S.A. 8-2117 and amendments thereto, the municipal court of the City of Wichita has jurisdiction to hear prosecutions of traffic offenses involving any child 14 or more years of age but less than 18 years of age. The court, upon hearing the prosecution, may impose any fine authorized by law for a traffic offense, including a violation of Section 11.38.150 and amendments thereto, and may order that the child be placed in a juvenile detention facility, as defined by K.S.A. 38-1602 and amendments thereto, for not more than 10 days. If the child is less than 18 years of age, the child shall not be incarcerated in a jail as defined by K.S.A. 38-1602 and amendments thereto. If the statute under which the child is convicted requires a revocation or suspension of driving privileges, the court shall revoke or suspend such privileges in accordance with that statute. Otherwise, the court may suspend the license of any person who is convicted of a traffic offense and who was under 18 years of age at the time of commission of the offense. Suspension of a license shall be for a period not exceeding one year, as ordered by the court. Upon suspending any license pursuant to this section, the court shall require that the license be surrendered to the court and shall transmit the license to the division of vehicles with a copy of the court order showing the time for which the license is suspended. The court may modify the time for which the license is suspended, in which case it shall notify the division of vehicles in writing of the modification. After the time period has passed for which the license is suspended, reinstatement of the license shall be in accordance with the provisions of K.S.A. 8-2117 and amendments thereto.

    (b)

    Instead of suspending a driver's license pursuant to this section, the court may place restrictions on the child's driver's privileges pursuant to K.S.A. 8-292 and amendments thereto.

    (c)

    Instead of the penalties provided in subsections (a) and (b), the court may place the child under a house arrest program, pursuant to K.S.A. 21-4603b and amendments thereto, and sentence the child to the same sentence as an adult traffic offender under the provisions of this code.

    (d)

    As used in this section, "traffic offense" means a violation of any section of this code which prohibits acts which would constitute a violation of the uniform act regulating traffic on highways as set forth in state law, a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated, or a violation of K.S.A. 41-3104 and amendments thereto, and any violation of a section of this code which prohibits acts which are not violations of state laws and which relate to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind.

(Ord. No. 47-054, § 1, 6-27-06)