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Traffic Citation Amendment Program

Individuals receiving a traffic citation in the City of Topeka have one of three options available.
  1. You pay the ticket as written by either pleading Guilty or No Contest.
  2. You may appear in Municipal Court and plead Not Guilty, which will result in your case being scheduled for trial.
  3. If you meet certain guidelines, you many request an amendment or reduction of the charge or charges to the non-moving violation of “Defective Equipment.”

 

Definitions

The following words and phrases as used in this policy shall mean:

  • Moving Violation: a conviction for violating any of the offenses listed in Kansas Administrative Regulations section 92-52-9.
  • Defective Equipment: a non-moving traffic infraction defined by STO 143(a) as: “It is unlawful . . . for any person to do any act forbidden or fail to perform any act required by any provision of any section of this article."

 

Basic Eligibility Factors

Receipt of an amendment on your traffic citation is a privilege and not a right. Eligibility for the amendment is at the discretion of the Legal Department’s Prosecution Section. There are several factors that will be used to determine your eligibility:
  1. You will not receive an amendment if, at the time of the citation, you held a commercial driver’s license.
  2. You will not receive an amendment if your citation was issued in connection with an injury accident. Whether an accident is classified as either injury or non-injury will be determined based solely on the accident report prepared by law enforcement.
  3. You may only receive an amendment if you have no other prior amendments or diversions during the previous 12 months from the date of your current citation.
  4. You will not receive an amendment if you fail to appear on the citation or you have any unpaid fines with the Municipal Court.
  5. If you are charged with Speeding, you will not receive an amendment if you are alleged to have been exceeding the speed limit by 30 or more mph. Eligibility for citations involving offenses classified as misdemeanors under either Kansas law or local ordinance will be determined by the City’s diversion policies.

 

Procedure

To request an amendment of your citation, you may contact the Legal Department’s Prosecution Section either in person or by telephone. Completion of the City’s diversion application is not necessary for amendment requests. If you choose, you may also request an amendment at your first appearance in Municipal Court. However, if you plead Not Guilty and set your citation for trial, you will no longer be eligible for an amendment.

Upon requesting an amendment, you will be informed of whether you are eligible and of the cost of the amendment. Amendment costs are $150.00 plus the amount of the fine for each of your infractions as listed on the Municipal Court fine schedule.

Pursuant to STO 204(a), fines for traffic infractions committed within a road construction zone are doubled and are tripled under TMC 10.20.170(a) for traffic infractions committed within a school zone. You will also be required to pay court costs in the amount of $76.00.

For Example: Speeding ticket for 15 mph over the limit:
  • Amendment fee: $150.00
  • Fine for 15 over: $75.00
  • Court costs: $76.00
  • Total cost for amendment = $301.00

You must agree to pay the amount of the amendment in full within 30 days of its approval or according to payment terms approved by the Municipal Court.

 

Effect of Amendment

If you are convicted of a moving violation, this fact will be reported by the Court to the Kansas Department of Revenue, Driver Control Bureau. Pursuant to Kansas Statute 8-255, your driver’s license may be restricted, suspended or revoked if you are convicted of three or more moving violations committed on separate occasions within a 12 month period. Conviction of a moving violation may also affect your cost for motor vehicle liability insurance. Receipt of an amendment to a non-moving violation will keep a moving violation from being reported on your driving record.

Contact

Lisa Robertson

City Attorney
Email

 

Mary Feighny

Deputy City Attorney
Email 

 

Shelly Starr

Chief of Litigation
Email

 

Karan Thadani

Chief of Prosecution
Email

 

Legal Office

​​Phone: 785-368-3883
Fax: 785-369-3901