[DOWNLOAD] "City of Overland Park v. Rice" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: City of Overland Park v. Rice
- Author : Supreme Court of Kansas
- Release Date : January 11, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is a direct appeal in a criminal action in which the defendant-appellant, David Matthew Rice, was convicted of a violation of Ordinance TC-610, Sec. 151, of the City of Overland Park which reads as follows: Driving While License Canceled, Suspended or Revoked; Penalty. Any person who drives a motor vehicle on any public highway of this city at a time when his privilege so to do is canceled, suspended or revoked shall upon conviction be punished by imprisonment for not more than six (6) months and there may be imposed in addition thereto a fine of not more than five hundred dollars ($500). Provided, That every person convicted under this section shall be sentenced to at least five (5) days imprisonment and upon a second such conviction shall not be eligible for parole until completion of five (5) days imprisonment. (Emphasis supplied.) This city ordinance is closely patterned after K.S.A. 1972 Supp. 8-262. The facts in the case are not in dispute and are essentially as follows: On July 27, 1972, Officer Curtis of the Overland Park Police observed the defendant Rice asleep in his car in a restaurant [222 Kan. 694] parking lot. He told defendant to go home. Defendant stated that he did not have a driver's license. Arrangements were made for a third person to drive defendant home. A short while later, Curtis saw the third person get out of the car and at this point defendant began to drive. Curtis stopped him and asked for his license, which he did not have. Defendant was arrested and charged with driving without a license. This charge was later amended to driving at a time when his license was suspended. The defendant was found guilty in municipal court of the amended charge and appealed to the district court. There a jury found him guilty and this appeal followed.
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