In it's recent ruling Creecy v. Kansas Department of Revenue, No. 117,035 , the Kansas Supreme Court declared unconstitutional a provision of state law requiring all Kansas Drivers charged with DUI in Kansas to pay a $50 fee as part of the requirement for requesting a DUI Drivers License Hearing in Kansas.
Mr. Jay Norton, Esq., of Norton Hare, L.L.C., of Overland Park, argued the case successfully before the Supreme Court on behalf of his client.
The case originated out of a Gardner Kansas Municipal Court DUI traffic stop and arrest in 2014.
Mr. Creecy appealed the loss of his Drivers License case from Johnson County District Court to the Kansas Court of Appeals which upheld the District Court's ruling.
However, the Kansas Supreme Court ruled the $50.00 fee requirement to request a Drivers License Hearing in Kansas was unconstitutional in that it violated due process rights protected under the 14th Amendment of the US Constitution and protections under Section 18 of the Bill of Rights in the Kansas Constitution because the statute did not provide for a mechanism to waive or reduce the fee for a person who is indigent and would be unable to pay the required $50.00 fee to the Kansas Department of Revenue.
The Kansas Supreme Court ordered the $50.00 fee be refunded to Mr. Creecy and since this decision KDOR has changed it's policy and as of this date does not require a $50 fee be paid
Under Kansas law, a Driver charged with DUI in Kansas may request a Driver License Hearing to contest a suspension of his or her driver’s license but will no longer have to pay a $50 fee to request that Hearing; however, the request must still be made to the Kansas Department of Revenue within 14 calendar days or 10 business days (whichever is later in time) from receiving the DUI charge.
The State of Missouri does not currently charge a fee to request a Drivers License Hearing to Drivers charged with DUI in Missouri.
