Pursuant to K.S.A. 22-2906 et seq. the Cherokee County Attorney of the Eleventh Judicial District of Kansas has established a Diversion Program for all traffic offenders charged with DUI (Driving Under the Influence of Alcohol or DWI) pursuant to K.S.A. 8-1567 et seq. A copy of this Diversion Program Guideline will be furnished to each defendant upon his or her first appearance before the Court. Diversion is a privilege and not a right. There is no presumption in favor of Diversion in any case, and the burden of persuasion falls upon the defendant to establish that a Diversion Program will serve the ends of justice and the interests of the community.
All defendants charged with DUI are eligible, except:
1. Those previously convicted of or pled nolo contendere to DUI or DWI (even if the conviction has been expunged).
2. Those previously diverted on a DUI or DWI charge.
3. Offenses where a personal injury or a death is involved.
4. Offenses where additional criminal (other than traffic) charges are filed.
5. Defendant drove as a commercial driver with a commercial driver’s license at the time of the offense.
6. Defendant has a hold from another jurisdiction or law enforcement agency for separate legal actions.
The application shall be available in the Cherokee County Attorney’s Office. The defendant shall complete the application for diversion and submit the application with a $55.00 application fee. This nonrefundable fee must be in the form of a cashier’s check, money order, or attorney’s trust account check payable to the “Clerk of the District Court”. The defendant will then be scheduled for a drug/alcohol evaluation. The defendant may be required to have an interview with the Diversion Coordinator. The defendant shall give such information as may be necessary for the County Attorney to determine his suitability for diversion, including information which would otherwise be privileged.
The application for Diversion must be filed within thirty (30) days of arraignment. Applications not so filed will not be considered unless agreed to by the County Attorney.
Traffic Diversion Policy
Information You Should Know
The County Attorney has established a diversion program for qualified traffic offenders. Diversion is a privilege, not a right, and may be offered or denied to an applicant for any reason permitted by law. Certain offenses and persons are not eligible for diversion.
Offenses that are NOT eligible
Reckless driving, attempt to elude, driving while suspended (unless subsequent to offense date individual has obtained license), driving without a current policy of insurance (unless subsequent to the offense date individual has obtained insurance), construction and school zone violations, crosswalk violations, non-speeding commercial violations, any offense involving an injury accident that you caused or to which you contributed, and driving under the influence (DUI). A separate diversion program exists for certain first-time DUI offenders.
Persons that are NOT eligible
Persons driving as a commercial driver, at the time of the offense, with a commercial drivers license at the time of the offense.
If you are not disqualified for the reasons above, you are eligible for diversion if you haven't had any traffic tickets, convictions or diversions for moving violations in the past 3 years or a DUI or other serious traffic violations or criminal offenses in the past 5 years. If you are accepted for diversion, you will enter into an agreement to do certain things and your case will be continued. If you successfully complete diversion, your case will be dismissed at the end of the diversionary period. You will be required to agree or stipulate that you committed the violation as charged on the ticket. If you do not successfully complete your diversion, the case will be set for trial on the agreed facts.
To apply for diversion
You must fill out the application form completely and submit a nonrefundable $25.00 application fee by check or money order made payable to the Diversion Application Fee Fund within 30 days of receipt of the ticket. Send them to: Cherokee County Attorney’s Office, PO Box 78, Columbus, Kansas, 66725 [Phone number 620-429-3836]. An additional amount of $93.50 in court costs, the amount of the original fine, and diversion fee of $100.00 will be required as part of your diversion agreement if you are approved for diversion.
If you are cited for no seat belt or no child safety restraint, an additional fine will also be required. For child safety violations, the fine will not be assessed if you provide proof that you have obtained an appropriate and approved child passenger restraint system.
Send proof of insurance with your application.
DO NOT SEND CASH. Send only a check or money order. Do not send more than the$25.00 application fee. Late applications may be considered if good cause for the delayed application can be shown. All late applications must be submitted with an additional $10.00 non-refundable time waiver request fee.
Make sure you are eligible for diversion. Review the list of circumstances that would make someone not eligible as listed above. If you are not eligible for diversion, but apply anyway, your application will be denied and the application fee forfeited.
IF APPLYING FOR DIVERSION DO NOT PAY FINE.