DUI

A citation for Driving Under the Influence of Alcohol or Drugs (DUI) may be a misdemeanor or felony.  These are serious charges that may involve imprisonment and substantial fines. It is recommended that you consult with an attorney. All DUI convictions must be reported to the Department of Motor Vehicles.

IMMEDIATELY

Contact the Traffic Clerk at (785) 251-6714 and update your name, address, telephone number, and email address. This will allow us to contact you prevent a possible suspension of your driving privileges or the issuance of a warrant for your arrest for missing a court appearance.

Notice to Appear

Be sure to come to court on the day and time stated on your Citation or Notice to Appear.  If you do not appear, a warrant may issue for your arrest.

Failure to Appear

Failure to appear for your hearing may result in the issuance of a warrant for your arrest and is not subject to the suspension of time limitations as set forth in the Supreme Court’s current Administrative Order.

If you have missed a court date and/or there is a warrant issued for you, you must call the District Attorney at (785) 251-4330 (or (785) 251-4516, Hablamos Español) and ask for the Traffic Department. If you are able to resolve the matter or set a hearing date for resolution, the District Attorney’s Office will contact the Court and request that the warrant be withdrawn.

Alcohol and Drug Evaluation

Kansas Law requires that every person convicted of a DUI participate in an alcohol and drug evaluation conducted by an approved provider.  The law further requires the person to follow any recommendations made by the provider after the evaluation.  

List of Approved Evaluation Providers (PDF)

The evaluation report must be provided to the court. You will be asked to sign an authorization and release of information which allows the evaluator to submit the report to the court. If you have an attorney, you need to advise the evaluator so that you can sign a release for the report to be transmitted to your attorney. Sentencing occurs after the evaluation report is received by the court

Diversion

If you want to keep your citation/ticket off of your driving record, you may wish to apply for a Diversion with the District Attorney’s Office. Diversion Program information may be found at the Shawnee County District Attorney’s Office (DA) website. You must immediately contact the DA’s Office at (785) 251-4354 for specific instructions on how to apply for the Program.

Continuance

If you need a continuance you must come to Court and ask the Judge for more time.  The Judge will typically grant ONE continuance. The purpose of the continuance is, by way of example, to give you time to hire an attorney, consult with an appointed attorney, apply for diversion, or clear up matters with the Department of Motor Vehicles such as getting your license back.

When you come back to court after the continuance, you will be required to have talked to the District Attorney’s Office and resolved the matter, set the matter for trial, or plead guilty to the charges and be sentenced (jail time is pronounced and fines and court costs are assessed by the Court). There will be no further continuances.

Legal Representation

If your citation/ticket includes an offense with possible jail time, such as Driving Under the Influence or Driving While Suspended you should consider contacting an attorney. The attorney will know how to arrange a new court appearance. If you believe you cannot afford an attorney, you may complete this Financial Affidavit Form (PDF) and bring it with you on your scheduled court date. If you are unable to print the form a paper copy will be provided when you come to court.

Representing Yourself

If you decide you do not want an attorney, you need to read the Notice of Rights and Waiver of Right to Counsel Form (PDF) and bring it to Court with you.  The Judge will review the Waiver of Rights with you and you will need to sign the waiver and give it to the Judge. If you are unable to print the form a paper copy will be provided when you come to court.

If you decide to enter a plea and not go to trial you will need to read the Notice of Rights and Waiver of Trial Form (PDF). When you come to Court, you will need to bring the form. The Judge will review the Waiver of Trial with you and you will need to sign the Waiver and give it to the Judge. If you are unable to print the form a paper copy will be provided when you come to court.

Spanish Counsel Waiver Traffic (PDF)
Spanish Trial Waiver (PDF)

Language Accommodations

If you need special help due to language or hearing issues, to make sure an interpreter will be at your hearing, you must call or have someone call the Clerk’s Office for you at (785) 251-6714. You will need to provide the Clerk with your name, case number, and whether you need a spoken language interpreter or sign language interpreter. 

Paying Fines and Court Costs

The Judge will give you a set amount of time to pay your fines and court costs.  To pay fines and court costs, you may:

1. come to the Clerk’s Office at the courthouse, Room 209;
2. pay online not available right now
3. send a check or money order addressed as follows:

Clerk of the District Court
Attention Traffic Clerk
200 East 7th Street, Suite 209
Topeka, Kansas 66603

You must pay within that time frame set by the Judge or write a letter to the Judge stating why you need more time to pay.  Address the letter as follows:

Traffic Judge
200 East 7th Street, Suite 209
Topeka, Kansas 66603