Traffic Diversion Guidelines

The Douglas County District Attorney has established the following guidelines for diversion of traffic infraction charges. Traffic infractions are violations for which a standard penalty is listed at K.S.A. 8-2118. The only traffic misdemeanor charge eligible for diversion is Failure to Provide Proof of Insurance.

Traffic Diversion Eligibility

A holder of a commercial driver’s license may NOT enter into a diversion agreement pursuant to K.S.A. 8-2,150.  

Diversion is a privilege, not a right. No presumption in favor of diversion exists in any case. It is presumed that diversion is not appropriate in the following circumstances:  

1. The current citation was issued as a result of an accident or if alcohol was a factor.  
2. The offense was combined with certain major traffic offenses, including but not limited to reckless driving, fleeing or attempting to elude, or leaving the scene/failure to report an accident.  
3. The current citation is for a speed of 25 mph or more over the speed limit or for a violation committed in a construction or school zone or involving a school bus or emergency vehicle.  
4. The applicant has had a diversion or amendment through this office or in the Douglas County District Court in the 12 months preceding the date of the violation.  
5. The applicant has active warrants or license suspensions.  

Traffic Diversion Procedure

1. Applications must be submitted within 90 days of Defendant’s first court appearance.
2. Applicant must attend all court appearances until the finalized diversion agreement is filed with the Court.
3. The diversion application must be completed on forms provided by the District Attorney’s office. Any modified applications or agreements will be rejected.
4. Applicants are responsible for a diversion application fee of $25 due at the time of application. If approved, applicants will be sent information of additional monies owed and other conditions of diversion.
5. Payment must be turned in with the diversion agreement. Payment shall be made via online payment link or with a personal check, cashier’s check, or money order made payable to ‘DA Custodial Fund’. Exact cash payments will be accepted.