Kentucky Statutes 189A.250 – Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person
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In any judicial review of a pretrial suspension imposed under KRS § 189A.200(1)(c), if the court determines by a preponderance of the evidence that:
(1) The person was charged and arrested by a peace officer with violation of KRS
189A.010;
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS § 189A.010;
(3) There is probable cause to believe that the person committed the violation of KRS
189A.010(1) as charged; and
(4) There is probable cause to believe that the person was involved in an accident that resulted in death or serious physical injury as defined in KRS § 500.080 to a person other than the defendant;
then the court shall continue the suspension of the person’s operator’s license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS
189A.070 and 189A.107.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 14, effective July 1, 2020. — Amended
2015 Ky. Acts ch. 124, sec. 14, effective June 24, 2015. — Created 2000 Ky. Acts ch.
467, sec. 15, effective October 1, 2000.
(1) The person was charged and arrested by a peace officer with violation of KRS
Terms Used In Kentucky Statutes 189A.250
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
189A.010;
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS § 189A.010;
(3) There is probable cause to believe that the person committed the violation of KRS
189A.010(1) as charged; and
(4) There is probable cause to believe that the person was involved in an accident that resulted in death or serious physical injury as defined in KRS § 500.080 to a person other than the defendant;
then the court shall continue the suspension of the person’s operator’s license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS
189A.070 and 189A.107.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 14, effective July 1, 2020. — Amended
2015 Ky. Acts ch. 124, sec. 14, effective June 24, 2015. — Created 2000 Ky. Acts ch.
467, sec. 15, effective October 1, 2000.