8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases. (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto, if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.
(b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32; L. 1984, ch. 39, § 21; L. 1988, ch. 50, § 1; L. 1991, ch. 43, § 1; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 21 - Uniform Act Regulating Traffic; Parties, Arrests, Citations, Procedures And Penalties
8-2101 Parties to a crime established by uniform act.
8-2102 Offenses by persons owning or controlling vehicles.
8-2103 Application of act to public officers and employees.
8-2106 Traffic citation; procedure.
8-2108 Citation deemed lawful complaint.
8-2109 Authority of officer at scene of accident.
8-2111 Applicability of procedures in 8-2101 to 8-2110.
8-2112 Citation for illegally parked, standing or stopped vehicle.
8-2113 Same; failure to appear; notice.
8-2114 Same; prosecution; presumption of ownership.
8-2116 Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.
8-2117 Prosecution of juvenile traffic offenders; disposition.