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Kansas Statutes Annotated

K.S.A. § 8-2108 (2026)

Citation deemed lawful complaint

✓ current as of May 2026
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8-2108. Citation deemed lawful complaint. In the event the form of citation provided for in K.S.A. 8-2106, and amendments thereto, includes information required by law and is signed by the officer preparing it, such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution for the violation specified.

History: L. 1974, ch. 33, § 8-2108; L. 1975, ch. 39, § 36; L. 1977, ch. 44, § 1; L. 1988, ch. 50, § 3; July 1.

Notes of Decisions
Cited in 6 cases, 1983–1997 · leading case: State v. Donlay, 853 P.2d 680 (Kan. 1993).
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State v. Donlay, 853 P.2d 680 (Kan. 1993). · cites it 10× “such citation [the ticket] when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution." Under this statute, Bristor's ticket did not become a complaint until it was filed with the court three days after his arrest.”
State v. Bristor, 691 P.2d 1 (Kan. 1984). · cites it 2× “The dissent, relying on K.S.A. 8-2108, found a ticket does not become a complaint until it is filed with the court.”
State v. Bristor, 682 P.2d 122 (Kan. Ct. App. 1984). · cites it 4× “) K.S.A. 8-2108. By itself, an arrest does not initiate a criminal prosecution, that is, adversary judicial criminal proceedings.”
State v. Fisher, 661 P.2d 791 (Kan. 1983). “K.S.A. 8-2108. This was docketed as Case No.”
State v. Fraker, 739 P.2d 940 (Kan. Ct. App. 1987). · cites it 3× “The State argues that K.S.A. 8-2108 provides authority for its decision to commence prosecution of defendant by filing a traffic citation.”
City of Overland Park v. Povirk, 941 P.2d 369 (Kan. 1997). “K.S.A. 8-2108 requires that prosecution formally must be commenced by the filing of a complaint in the court having jurisdiction.”
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