"Fast Track" Diversion

FAST TRACK DIVERSION PROGRAM POLICY

Purpose:   

                 a.  The purpose of the Fast Track Diversion program is to provide a streamlined, efficient process whereby eligible                                   motorists may receive immediate dismissals of certain designated traffic infractions upon payment of a fine, court                                          costs, and diversion fees, without requiring the motorist to appear for multiple court hearings.

Eligibility:          

                     a.  In order to participate in the Fast Track Diversion Program, a motorist must meet all of the following eligibility                                      requirements.  

           The motorist must:

  1.  Have a valid, state-issued driver’s license and current proof of insurance for the vehicle in which he or she was ticketed;
  2.  Not be a commercial driver’s license (CDL) holder;
  3.   Not have been operating a commercial vehicle at the time he or she was ticketed;
  4.   Have committed only a qualified offense or qualifying offenses;
  5.   Not have been fault in any vehicular crash in connection with the ticket (both injury and non-injury crashes are disqualifying);
  6.   Not have participated in the Fast Track Diversion Program in Ford County, Kansas, within the past twelve months;
  7.   Attend all scheduled court hearings unless properly excused by the court, the prosecuting attorney, and/or the motorist’s attorney;
  8.   Apply for participation in the Fast Track Diversion Program no later than fourteen (14) days after the motorist’s appearance date noted on his or her ticket.

 b.  If the motorist is charged with multiple offenses, each and every offense must be eligible for a fast track diversion; otherwise, the motorist is not eligible to participate in the Fast Track Diversion Program.

 c.  The motorist bears the burden of establishing that he or she meets the eligibility requirements to participate in the Fast Track Diversion Program.

 d.  The Office of the Ford County Attorney retains the right to deny a motorist’s application for a fast track diversion, so long as the denial is not made on the basis of a motorist’s race, sex, religion, sexual orientation, national origin, ethnicity, or any other protected classification.

Procedure:

a.  The following section outlines the procedures to be followed by the motorist and/or his or her attorney, the Office of the Ford County Attorney, and the district court in applying for and processing an application for a fast track diversion.

Motorist:

b.  Upon receiving a ticket in Ford County, Kansas, a motorist wishing to make application to the Fast Track Diversion Program must:

1. If the motorist is a resident of Ford County:

a. Obtain an application for the Fast Track Diversion Program in person from the Office of the Ford County Attorney before the motorist’s court date, by appearing in court in person on the motorist’s court date, or requesting an application from the Office of the Ford County Attorney’s Office via telephone or e-mail.

b. Complete the application and return the completed application along with the following documents: (i) Photocopy of motorist’s valid driver’s license;

ii Photocopy of motorist’s current insurance for the vehicle ticketed;

 iii Photocopy of ticket received;

 c. Once the motorist’s application is approved, the motorist will receive a signed journal entry of fast track dismissal.  The motorist will have fourteen (14) calendar days within which to complete the fast track diversion process by presenting the signed journal entry of fast track dismissal along with a cashier’s check or money order, made payable to the clerk of the district court in the amount shown on the journal entry of the fast track dismissal, to the clerk of the district court.

 i Motorists who apply by telephone or e-mail may retrieve their signed journal entries of fast track dismissal either in person or have the journal entries of fast track dismissal mailed to them.

 2. If the motorist is not a resident of Ford County:

 a. Obtain an application for the Fast Track Diversion Program in person from the Office of the Ford County Attorney before the motorist’s court date, by appearing in court in person on the motorist’s court date, or requesting an application from the Office of the Ford County Attorney’s Office via telephone or e-mail.

 b. Complete the application and return the completed application along with the following documents:

 i Photocopy of motorist’s valid driver’s license;

 ii Photocopy of motorist’s current insurance for the vehicle ticketed;

 iii Photocopy of ticket received;

 c. Once the motorist’s application is approved, the motorist will receive a signed journal entry of fast track dismissal.  The motorist will have thirty (30) calendar days within which to complete the fast track diversion process by presenting the signed journal entry of fast track dismissal along with a cashier’s check or money order, made payable to the clerk of the district court in the amount shown on the journal entry of the fast track dismissal, to the clerk of the district court.

 i Unless other arrangements are made, the journal entry of fast track dismissal will be mailed to the motorist’s address of record.

 3. Upon submission of the signed journal entry of fast track dismissal and appropriate payment to the clerk of the district court, the motorist’s case will be immediately dismissed with prejudice.

 4. A motorist’s failure to submit all required documentation or complete any requisite step within the time limitations, set forth by this policy or otherwise, will result in a denial of the fast track diversion.  The motorist must then either plead to the charges and pay all fines and costs or appear in court to contest the charges.

Prosecutor:

  1.  The Office of the Ford County Attorney will maintain a supply of Fast Track Diversion Applications, Journal Entries of Fast Track Dismissals, a current list of all offenses eligible for fast track diversion and their corresponding fines, and records of all motorists who have participated in a fast track diversion within the previous twelve (12) months in Ford County, Kansas.
  2.    Upon application for a fast track diversion by a motorist, the Diversion Officer or his or her designee will collect the motorist’s application and photocopies of the motorist’s driver’s license, proof of insurance, and ticket.
  3.    The Diversion Officer or his or her designee will consult the list of offenses eligible for fast track diversion to ensure all offenses charged on the motorist’s ticket are eligible for a fast track diversion.
  4.   The Diversion Officer or his or her designee shall ensure both the motorist’s driver’s license as well as his or her proof of insurance is current and that the proof of insurance is for the vehicle in which the motorist was ticketed. 
  5.  The Diversion Officer or his or her designee shall prepare a journal entry of fast track dismissal using an approved template.  The Diversion Officer shall consult the list of eligible offenses and assess the appropriate fine(s) for each offense. 
  6.  The Diversion Officer shall present the journal entry of fast track dismissal and supporting documentation to the Assistant County Attorney, Traffic Division, or any other assistant county attorney or county attorney for final approval and signature. 
  7.  The reviewing attorney is responsible for ensuring all fines and costs are appropriately assessed, that all offenses are eligible for a fast track diversion, and that the motorist is eligible to participate in the Fast Track Diversion Program. 
  8.  If the prosecutor approves the fast track diversion application, the journal entry will be signed and delivered to the Diversion Officer for delivery to the motorist is a Ford County resident, the motorist will be given fourteen (14) days within which to perfect the fast track diversion.  In all other cases, the motorist will be given thirty (30) days within which to perfect the fast track diversion. 
  9.  If the fast track diversion is denied, or if the motorist is not eligible to participate in the Fast Track Diversion Program, the motorist will be informed of the denial and the reason therefor.  Such notification will occur either in person or through the mail.  The motorist will be given a court date by which to appear and contest the charges or pay the fine(s) and costs indicated. 

Court:

  1.  Upon being presented with a journal entry of fast track dismissal, the clerk shall verify that the journal entry is signed, that the expiration date of the journal entry has not expired, and that the motorist has presented appropriate payment (cashier’s check or money order) for the exact amount listed on the journal entry. 
  2.  Upon making the foregoing verifications, the clerk shall accept the motorist’s payment and immediately dismiss the motorist’s ticket with prejudice. 
  3.  Any fines or costs are to be sent to the State of Kansas; any diversion fees collected are to be delivered to the Ford County Treasurer for inclusion in the general budget, in accordance with statute.
  4.  Should the clerk have any questions or concerns regarding the authenticity of a journal entry of fast track dismissal, the clerk should contact the Office of the Ford County Attorney

Fast Track Application