Generally yes. The fact that you were going 21 miles over the speed limit could be a problem. Talk to the prosecutors office.
This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone.
Assuming your driving record is otherwise clean, and assuming the officer did not indicate on the ticket that you were difficult, they often have a code of marks to communicate with the prosecutor, then the District Attorney would usually be willing to amend. You are very close to the limit however where they refuse to amend.
Law Office of Patrick Lewis, www.TheKansasDefender.com (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
In Kansas the prosecutor's office has discretion to "divert" your charge on many charges. These diversions can be formal (you and the prosecutor sign a formal agreement which is filed in court) or informal (the prosecutor dismisses any formal charges without prejudice [charges may be refilled] and tell you a new complaint is filed in his/her desk drawer and if you stay out of trouble it will be destroyed, however, if you get in trouble it will be filed with the court. Formal diversions are frequently agreed to in traffic violations.
Diversions are entirely within the discretion of the prosecutor (unless you can show that diversions are never offered to persons in a protected class (blacks, native americans, etc.).
Usually, it is best lawyer to hire a lawyer.
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