My question involves criminal law for the state of: Kansas
I am mostly asking for a friend that recently got a TOC for having an open container on the floorboard of the passenger area. Driver was not drunk, no field sobriety was conducted, DUI, etc. Only eht TOC violation. No priors. Citation was by the county sheriff. I have contacted them and they indicated a diversion program is offered, but with extensive alcohol classes being required. I do not believe the fine for this offense is that much, and I believe this conviction is like DUI and stays with you for life?
I am curious what advantage diversion brings for this offense? It would seem if any future offense would still count as a second offense, the only real benefit might be trying to shield this from auto insurance? Is there risk of license suspension for this? I received a DUI nearly 2 decades ago and remember that even though I received diversion, insurance companies got around that by increasing rates for "an alcohol related license suspension" so about the only benefit to me for diversion was the 330/30 license.
Is there relation between a DUI and TOC violation? I guess I am only asking this question out of curiosity as my friend has no DUI conviction.
I am mostly asking for a friend that recently got a TOC for having an open container on the floorboard of the passenger area. Driver was not drunk, no field sobriety was conducted, DUI, etc. Only eht TOC violation. No priors. Citation was by the county sheriff. I have contacted them and they indicated a diversion program is offered, but with extensive alcohol classes being required. I do not believe the fine for this offense is that much, and I believe this conviction is like DUI and stays with you for life?
I am curious what advantage diversion brings for this offense? It would seem if any future offense would still count as a second offense, the only real benefit might be trying to shield this from auto insurance? Is there risk of license suspension for this? I received a DUI nearly 2 decades ago and remember that even though I received diversion, insurance companies got around that by increasing rates for "an alcohol related license suspension" so about the only benefit to me for diversion was the 330/30 license.
Is there relation between a DUI and TOC violation? I guess I am only asking this question out of curiosity as my friend has no DUI conviction.
Toc and Dui, Relations to Each Other, Benefits of Diversion, and Lifetime Record
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