Lawrence, KS asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas

Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't but he wouldn't allow me to get on my iKan app for the state. I sat in jail a couple hours and was able to bail myself out. I have since gone back on the state app and it still says my license has been good since December.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record of the bail payment and any documentation you received from the police or court.

Next, it would be wise to contact a lawyer who handles traffic cases. They can provide guidance specific to your situation, help you understand the charges against you, and advise on the best course of action. If there was a mistake, such as an error in the police database, your attorney could work to clear the charges. If you can’t afford an attorney, you might be eligible for a public defender.

Lastly, ensure you attend all scheduled court appearances and follow any legal advice you receive. In court, your attorney can present the evidence that your license was valid, which may help to dismiss the charges related to driving while suspended. Keeping all communication and documentation organized will help your case and potentially prevent future misunderstandings about your driving status.

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