Diversion Program


                                                            

Diversion

Program



The Ellis County Attorney's Office has implemented a diversion program for certain traffic infractions.
Eligibility for diversion ultimately rests in the discretion of the Ellis County Attorney's Office.
Meeting the requirements alone does not create a presumption that diversion will be granted.

To view the eligibility and procedural requirements, and to complete the Diversion Application. View the Application.


Types of Amendable Citations



 I. Speeding

No person shall be eligible for diversion if their citation indicates it was committed in a school-zone or construction zone. We will not amend a ticket for speeding that occurred in a school-zone or construction-zone. No exceptions. The Defendant may plead as charged or set it for trial.

All other tickets for speeding which are not in excess of 24 mph over the posted speed limit are diversion eligible. We will not amend the speed under any circumstance. Any person ticketed with speeding in excess of 24 mph over the posted speed limit must plead as charged or set the matter for trial. No exceptions.

II. Commercial Driver’s Licenses

If you are the holder of a Commercial Driver’s License and charged with a traffic infraction, regardless of whether or not you were driving a commercial vehicle at the time you received the ticket, you are NOT diversion eligible. We will amend to “Operation of improperly equipped vehicle” ($ 75.00 fine), in violation of K.S.A. 8-1701.

III. Driving While Suspended/Cancelled/Revoked and No Valid DL/DL on Person

If the defendant can show proof of a valid license, we will dismiss with costs being paid to the District Court.

If the defendant cannot show proof of a valid license, they are diversion eligible ($ 50.00 diversion fee/ 1-day diversion).

Regardless of whether this is a 1st, 2nd, 3rd or subsequent DWS or No Valid DL or No DL on person, we will amend to a violation of K.S.A. 8-244, “No Driver’s License on Person” (fine of $ 65.00).

IV. No proof of Insurance/Registration

If the defendant can get insurance/registration within 10-days of receiving the ticket, or if they can provide proof that they were insured/registered at the time they were ticketed, we will dismiss (no costs owed).

If, after 10-days has elapsed, the defendant can provide proof that he or she has obtained valid insurance/registration, we will dismiss with costs paid to the District Court.

If the defendant did not have valid insurance and cannot get valid insurance, then they must plead as charged or set it for trial.

V. All other traffic offenses 

All other traffic offenses are diversion eligible.  EXCEPT for "Failure to Yield to an Emergency Vehicle"/" Duty of driver on approach of authorized emergency vehicle" K.S.A. 8-1530. This traffic offense is NOT diversion eligible, nor eligible for an amendment. 

VI. Multiple counts


If a defendant does not qualify for diversion and/or amendments to any one count listed in the complaint, then they shall not qualify for a diversion and/or amendment to all charges contained in the complaint and must either plead as charged or set it for trial.

Fines & Court Costs



All fines and court costs for traffic citations are paid to:
Ellis County District Court
P.O. Box 8
Hays, KS 67601

You may also make payments online. If you have any questions, please contact the Ellis County District Court at (785) 628-9415