What Makes Traffic Violations Criminal Matters?
June 19, 2025
Traffic laws are commonly associated with civil penalties like fines, points on a driver's license, or mandatory driving courses. However, not all violations fall into the category of simple infractions. In Kansas, some traffic offenses rise to the level of criminal matters, carrying more serious consequences, including jail time, probation, and a lasting criminal record.
My firm, Chahine Legal LLC, in Lawrence, Kansas, is dedicated to defending your rights when you find yourself facing criminal charges due to traffic violations. My extensive courtroom experience will be a crucial tool in the outcome of your case.
To understand why and when a traffic violation becomes a criminal issue, it’s important to look at how Kansas law classifies these offenses, what specific acts trigger criminal charges, and what a person facing these charges may encounter in the legal process. The role of criminal defense also becomes critical when a traffic case moves into the criminal category.
Civil vs. Criminal Traffic Offenses in Kansas
Kansas law categorizes traffic violations into infractions, misdemeanors, and felonies. While most tickets, such as those for failing to signal or driving a few miles over the speed limit, are handled as infractions, there are circumstances where a traffic violation leads to criminal prosecution.
A key distinction lies in the severity of the action, whether it endangered others, and whether the driver had any prior offenses. Infractions typically don’t carry jail time and aren’t considered criminal. Misdemeanors and felonies, on the other hand, involve criminal liability.
The point at which a violation crosses into criminal territory often involves harm to persons or property, a willful disregard for safety, or the involvement of substances such as alcohol or drugs. In these cases, the need for criminal defense becomes more immediate and urgent.
When a Violation Becomes a Misdemeanor
Many traffic offenses charged as misdemeanors involve behavior considered reckless or dangerous, even if no harm occurred. Kansas statutes define reckless driving, for example, as operating a vehicle in "willful or wanton disregard for the safety of persons or property." This isn’t a simple mistake; it implies a conscious choice to act in a dangerous way.
Driving under the influence (DUI) is another common misdemeanor traffic crime in Kansas. First and second DUI offenses typically fall under this classification, provided no one was injured and the driver didn’t cause property damage. Other misdemeanor traffic offenses may include:
Driving with a suspended or revoked license
Leaving the scene of an accident involving property damage
Racing on highways
Operating a vehicle without required insurance
These aren’t minor lapses. They indicate behaviors that state law considers risky enough to justify criminal prosecution. Anyone charged with one of these offenses often requires criminal defense to mitigate the legal consequences, especially since even misdemeanor convictions can have long-term effects on employment, housing, and driving privileges.
Felony-Level Traffic Violations
Certain traffic-related offenses in Kansas are classified as felonies, which involve harsher penalties and more severe consequences. A third or subsequent DUI can become a felony, particularly if prior convictions occurred within a specified look-back period.
Additionally, a DUI that results in injury or death may lead to vehicular homicide or aggravated battery charges, both of which are felony offenses. Other felony traffic crimes include:
Fleeing or attempting to elude law enforcement when it results in injury or death
Habitual violations, such as repeated offenses of driving without a license
Accidents that cause serious injury due to reckless or impaired driving
These charges carry significant weight in the Kansas judicial system. Sentences often involve extended incarceration, probation terms, mandatory substance treatment programs, and permanent loss of driving privileges. At this level, criminal defense isn’t just beneficial—it often plays a pivotal role in preserving a person’s future.
How Criminal Traffic Charges Affect Daily Life
Once a traffic violation becomes a criminal matter, the accused person faces consequences that go far beyond paying a fine. A criminal conviction can result in jail time, probation supervision, community service requirements, or mandatory attendance at driving or substance use programs.
Additionally, insurance premiums often rise sharply, and employment opportunities may diminish, especially for those whose jobs involve driving. In Kansas, a criminal traffic conviction also adds points to a driver's record, which can lead to license suspension.
For instance, certain offenses add up to three or more points, and accumulating too many points within a specific time frame triggers an automatic review of the driver's license status. This administrative aspect runs parallel to the criminal process and can further complicate a person’s life.
Criminal defense is often necessary to avoid or reduce these penalties. In many cases, attorneys challenge the facts of the traffic stop, the reliability of field sobriety tests, or whether the driver’s conduct met the legal standard for recklessness or impairment.
Intent and Recklessness
Kansas law often considers intent or recklessness when deciding whether a traffic violation is civil or criminal. Simple errors—like failing to yield due to a momentary lapse—are usually treated as infractions. But driving aggressively through heavy traffic, swerving through lanes, or running red lights repeatedly may suggest a willful disregard for others’ safety.
For example, Kansas statutes differentiate between careless driving (an infraction) and reckless driving (a misdemeanor). While both involve poor driving behavior, reckless driving involves a higher degree of awareness and disregard.
This distinction carries legal significance, as the latter can result in a criminal record and more severe penalties. Criminal defense plays a significant role in presenting mitigating facts that could reduce a reckless charge to a lesser infraction.
Alcohol and Drug-Related Offenses
DUI remains one of the most common ways that traffic behavior turns criminal in Kansas. The state enforces strict blood alcohol content (BAC) limits—.08% for most drivers, and lower thresholds for commercial and underage drivers, according to the National Highway Traffic Safety Administration.
Refusing to take a chemical test can also result in administrative penalties, but combined with certain circumstances, it can support a criminal case as well. Possession of controlled substances while operating a vehicle, even if not used at the time, may add criminal charges to a traffic stop.
The legal consequences grow more severe if the substance involved is illegal or if the driver exhibits signs of impairment. At this stage, criminal defense becomes essential for challenging the legality of the search, the administration of field tests, or the reliability of toxicology results.
Repeat Offenses and Escalation
One-time violations might be treated with leniency, but Kansas law treats repeat offenses far more seriously. A second or third DUI, repeated incidents of driving without a valid license, or multiple reckless driving convictions can all escalate what might begin as misdemeanors into felony-level crimes.
The courts view patterns of behavior as more dangerous than isolated mistakes. These repeat offenses can suggest a disregard for legal authority, increasing the likelihood of harsh penalties.
The presence of a prior record also influences sentencing. Criminal defense in these situations often involves efforts to minimize the appearance of habitual wrongdoing and present evidence of rehabilitation or changed circumstances.
Criminal Defense in Traffic Cases
Criminal defense in traffic matters serves several functions. First, it protects the accused’s rights during the legal process, particularly when law enforcement procedures are in question. This includes reviewing the legality of the traffic stop, the accuracy of field tests, and the sufficiency of the evidence.
Second, criminal defense often focuses on reducing charges or negotiating alternative resolutions, such as diversion programs or plea agreements. In Kansas, some jurisdictions offer first-time offenders options that avoid a criminal record, but these are generally not available without proper legal advocacy.
Third, criminal defense helps shape how a person's actions are interpreted by the court. By providing context, showing remorse, or highlighting mitigating circumstances, defense attorneys can influence how a judge or prosecutor views the case.
Examples of Criminal Traffic Charges in Kansas
To illustrate the wide scope of traffic violations that lead to criminal charges, consider the following examples:
A driver is pulled over for speeding 25 miles per hour above the limit in a school zone, while passing other cars. Charged with reckless driving (misdemeanor).
A motorist strikes another vehicle while intoxicated. No one is seriously injured, but the BAC is 0.12%. Charged with DUI (misdemeanor).
A repeat offender is caught driving with a suspended license for the third time. Charged with a felony.
A driver flees from police and causes a collision that injures a pedestrian. Charged with aggravated battery and fleeing law enforcement (felonies).
Each of these situations involves more than a simple traffic ticket. The decisions made in the course of prosecution and the availability of strong criminal defense shape the outcome and long-term effects of these charges.
Consult an Attorney Today
Traffic violations may seem routine, but certain behaviors and circumstances carry far more serious legal implications. Many actions behind the wheel—especially those involving danger, injury, or repeat offenses—result in criminal charges. When traffic violations turn into criminal matters, a proper legal response is essential. My firm serves clients in Lawrence, Kansas, and throughout Kansas and Missouri, including Olathe, Overland Park, and Lenexa. Call me, Attorney Hatem Chahine, at Chahine Legal LLC to schedule a consultation.