Kentucky Statutes 189A.310 – Attacking admissibility of prior convictions to enhance penalties– Procedure — Standard
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(1) A court may, upon application of the defendant or attorney for the Commonwealth or upon its own motion, and if the facts of the case so indicate, order that a prior conviction not meeting applicable case law regarding admissibility of a prior conviction cannot be used to enhance criminal penalties including license suspensions or revocations, or for other purposes for which such a conviction might be used.
(2) The Transportation Cabinet shall give full faith and credit to any court decision meeting the requirements of this section.
Effective: October 1, 2000
History: Amended 2000 Ky. Acts ch. 467, sec. 16, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 14, effective July 1, 1991.
(2) The Transportation Cabinet shall give full faith and credit to any court decision meeting the requirements of this section.
Terms Used In Kentucky Statutes 189A.310
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
Effective: October 1, 2000
History: Amended 2000 Ky. Acts ch. 467, sec. 16, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 14, effective July 1, 1991.