Kentucky Statutes 189A.240 – Judicial review of pretrial license suspension for repeat offender
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In any judicial review of a pretrial suspension imposed under KRS § 189A.200(1)(b), if the court determines by a preponderance of the evidence that:
(1) The person was charged and arrested by a peace officer with a violation of KRS
189A.010(1)(a), (b), (c), (d), or (e);
(2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS § 189A.010(1)(a), (b), (c), (d), or (e);
(3) There is probable cause to believe that the person committed the violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) as charged; and
(4) The person has been convicted of one (1) or more prior offenses as described in KRS § 189A.010(5)(e) or has had his or her motor vehicle operator’s license suspended on one (1) or more occasions for refusing to take an alcohol concentration or substance test, in the ten (10) year period immediately preceding his or her arrest;
then the court shall continue to suspend the person’s operator’s license or privilege to operate a motor vehicle, but in no event for a period longer than the license suspension period applicable to the person under KRS § 189A.070 and KRS § 189A.107. The provisions of this section shall not be construed as limiting the person’s ability to challenge any prior convictions or license suspensions or refusals.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 13, effective July 1, 2020. — Amended
2016 Ky. Acts ch. 85, sec. 5, effective April 9, 2016. — Amended 2015 Ky. Acts ch.
124, sec. 13, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. — Amended 1996 Ky. Acts ch. 198, sec. 15, effective October 1,
1996. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 12, effective July 1,
1991.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 5 of that Act.
(1) The person was charged and arrested by a peace officer with a violation of KRS
Terms Used In Kentucky Statutes 189A.240
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Kentucky Statutes 189A.005
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License: means any driver's or operator's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state including:
(a) Any temporary license or instruction permit. See Kentucky Statutes 189A.005 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
189A.010(1)(a), (b), (c), (d), or (e);
(2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS § 189A.010(1)(a), (b), (c), (d), or (e);
(3) There is probable cause to believe that the person committed the violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) as charged; and
(4) The person has been convicted of one (1) or more prior offenses as described in KRS § 189A.010(5)(e) or has had his or her motor vehicle operator’s license suspended on one (1) or more occasions for refusing to take an alcohol concentration or substance test, in the ten (10) year period immediately preceding his or her arrest;
then the court shall continue to suspend the person’s operator’s license or privilege to operate a motor vehicle, but in no event for a period longer than the license suspension period applicable to the person under KRS § 189A.070 and KRS § 189A.107. The provisions of this section shall not be construed as limiting the person’s ability to challenge any prior convictions or license suspensions or refusals.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 13, effective July 1, 2020. — Amended
2016 Ky. Acts ch. 85, sec. 5, effective April 9, 2016. — Amended 2015 Ky. Acts ch.
124, sec. 13, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. — Amended 1996 Ky. Acts ch. 198, sec. 15, effective October 1,
1996. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 12, effective July 1,
1991.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 5 of that Act.