A diversion is a contract between the defendant and the State of Kansas. The County Attorney’s Office represents the State of Kansas. Eligibility for diversion ultimately rests at the discretion of the Pottawatomie County Attorney’s Office.
Meeting the requirements alone does not create a presumption that a diversion will be granted.
Any individual wishing to be considered for a diversion must complete and submit the appropriate application; the application must be notarized. In order to be considered for diversion, you must complete the appropriate application and return it to our office (P.O. Box 219, Westmoreland, KS 66549), along with a non-refundable $10.00 Application Fee, within thirty (30) days of the first appearance and/or arraignment before the Court exclusive of Saturdays, Sundays or legal holidays.
Those wishing to be considered for a speeding diversion, must complete the Traffic INFACTION Diversion Application. Please sure to include a copy of your ticket with the application.
The County Attorney's Office is prohibited from entering into a diversion agreement in lieu of prosecution for Commercial Driver License (CDL) holders who commit moving violations.
** There is NO application fee required If you are applying for a traffic INFRACTION diversion. **