An individual, after having been arrested for operating or attempting to operate a motor vehicle while under the influence of alcohol and/or drugs, may be considered for a diversion if none of the following apply:
evaluated based upon the above. The County Attorney reserves the right to deny a DUI diversion based upon additional aggravating factors, such as failure to report an accident, leaving the scene of an accident, etc. Notwithstanding the provisions set forth above, the County Attorney reserves the right to grant diversions to anyone if it is deemed to be in the interests of justice and of benefit to the defendant and the community, in accordance with K.S.A. 22-2907 and K.S.A. 8-1567, et seq., as amended.
The diversion fee is $100.00, plus court costs of $54.00, for a total of $154.00. Payment in full must be made prior to filing of the agreement unless other arrangements have been made. In addition, an alcohol evaluation must be obtained prior to filing the agreement. Failure to make payment or to obtain an evaluation may result in the agreement becoming null and void. The agreement will go into effect once all costs have been paid, the evaluation is submitted to the County Attorney, and the diversion agreement is filed with the court.
The diversion fee is for the charge of DUI only. All other diverted charges will result in an additional minimum fee of $10.00 per charge or the minimum fine, which would otherwise be assessed by the court (i.e., no proof of insurance would be an additional fee of $300.00).