Category Archives: Traffic Offenses

FAQ’s for the Ignition Interlock Devices

stock-photo-36501524-prison-cell-bars

Ignition Interlock Devices in KY:

This past session the Kentucky State Legislature passed a bill that allows those convicted of DUI, even repeat offenders, to operate a vehicle during their suspension period.  The bill allows for the use of Ignition Interlock devices.

Quite frankly, it has been a difficult process for criminal law practitioners to get a grip on and there has been an enormous amount of inconsistency in the statute’s application and the interaction between the Courts and the Department of Transportation. It seems as though that process is becoming smoother and more uniform from county to county but what I would say to the reader is that you should be patient with your lawyer and the process as he/she works for you to get it done.

As criminal lawyers, we know that the inability to drive after being convicted of DUI has hamstrung clients for many years. The overall concern with the license suspension of a person convicted of DUI is to “get the person off the road”. Well, this device ensures that drivers under the influence are off the road, and at the same time, allows a person to continue to work, take care of their kids and even drive a company vehicle.

Below, you will see information that will explain the law and the process to you. I know no one is anticipating picking up a DUI charge, but just in case….CALL ME. “BAD THINGS HAPPEN TO GOOD PEOPLE”

http://www.kacdl.net/Common/PDFs/Miscellaneous/Ignition_Interlock/KSC_Order_Indigent_Def.pdf

http://www.kacdl.net/Common/PDFs/Miscellaneous/Ignition_Interlock/IID_steps.pdf

http://www.kacdl.net/Common/PDFs/Miscellaneous/Ignition_Interlock/Ignition_Interlock_Q&A%20.pdf

THIS IS AN ADVERTISEMENT:

If you find yourself faced with a DUI offense in a Central Kentucky Court, consider contacting my office.  For more information: http://speddinglawoffice.com/dui/

But Officer II!!! How Many Points is This???

Points
Kentucky Department of Transportation

Driver’s License Points:

Kentucky Driver Point System  http://transportation.ky.gov/driver-licensing/pages/kentucky-driver-point.aspx

The Kentucky Point System identifies persons that may be habitually negligent drivers. Under the Point System, a driver starts with no points, but accumulates points for various offenses. Upon the accumulation of 12 points (7 points if under age eighteen) within a two year period, a driver’s privilege to operate a motor vehicle may be suspended. Individuals are given an opportunity to meet with a hearing officer prior to any possible suspension. Notice of the following offenses are sent to the Division of Driver Licensing by the courts:
Violation Type Point
Points Violation
0 10 mph or less over speed limit on limited access highway
3 11-15 mph over speed limit on limited access highway
3 15 mph or less over speed limit on any non-limited access highway
3 15 mph over speed limit in CMV (commercial motor vehicle)
0 15 mph or more in CMV (out-of-state conviction-listed as serious offense only-no points)
6 16-25 mph over speed limit on any road or highway
Hearing-Possible Suspension 26 mph over speed limit on any road or highway
Hearing-Possible Suspension Attempting to elude police officer
Hearing-Possible Suspension Racing
6 Commission of Moving Hazardous Violation Involving an Accident
6 Combination of any Two or More Moving Hazardous Violations in Any One Continuous Occurrence
6 Failure to Stop for School or Church Bus
5 Improper Passing
4 Reckless Driving
4 Following Too Closely
4 Driving on Wrong Side of Roadway
4 Changing Drivers in a Moving Vehicle
4 Vehicle Not Under Control
4 Failure to Yield to Emergency Vehicle
3 Stop Violation (electric signal, railroad crossing, stop sign)
3 Failure to Yield
3 Wrong Way on One-Way Street
3 Too Fast for Conditions
3 Too Slow for Conditions
3 Improper Driving
3 Improper Start
3 Improper Turn
3 Failure to Illuminate Headlights
3 Careless Driving
3 Failure to Dim Headlights
3 Improper Lane Usage
3 Improper Use Left Lane/Limited Access Highway
3 Failure to comply with Instructional Permit Requirements/Regulations
3 Failure to yield right-of-way to Funeral Procession
3 Any Other Moving Hazardous Violations
3 Texting while driving
Point System
Points assessed under the Kentucky Point System expire two (2) years from the date of conviction. However, the conviction entry remains part of the driver’s record for a period of five (5) years from the conviction date.
Upon the  accumulation of twelve (12) or more points against a driver age eighteen (18) or older, or 7 points against a driver under age 18,  the Transportation Cabinet conducts a hearing concerning the drivers privileges to operate a motor vehicle.  Failure to appear for the hearing results in a driving suspension for a period of six (6) months for the first such accumulation of twelve (12) points, one (1) year for the second such accumulation of twelve (12) points, and two (2) years for any subsequent accumulation of twelve (12) points within the two (2) year period.
After a hearing, the department may require the driver to be placed on “probation” in lieu of suspension and attend a driver improvement clinic (State Traffic School) approved by the Transportation Cabinet.
Once a driver has been placed on “probation” by the department, he/she shall not be considered for probation again until a lapse of two (2) years from the ending date of any previous probation period granted, whether served or not.

This is an Advertisement: If you find yourself with a traffic ticket, please contact my office, or see my page on Traffic Offenses for more information.

But Officer!!!! What To Do ( and not do) When You Get That Dreaded Traffic Citation

duiandtraffic-offenses

 Traffic Citation Info

Print

Payable Traffic Citations

If the citation is marked payable, the amount will be indicated on the citation sheet given to you by the officer. For speeding violations, see the appropriate “MPH Over” for which you were cited for the correct payment amount on the back of the form. If you did not receive a citation sheet, please contact the Fayette County District Court, 150 N. Limestone, (859) 246-2228 for payment information.

  • All amounts listed on the citation sheet are for prepayment only and must be received before the court date listed.
  • Mailed payments should be check or money order made payable to the Commonwealth of Kentucky. (All payments are transferred to the Commonwealth of Kentucky Revenue Cabinet).
  • Payments made in person must be cash, certified check or money order only.

Traffic School

If you have not been assigned to traffic school in the last year, you are eligible to attend on all moving prepayable offenses.

  • Traffic school notices are mailed to the address on your license. If your address is incorrect, you must have it corrected in order to be notified.
  • If you wish to attend, you may mail your citation and a check for the amount listed on the citation sheet before your court date to the address below.
  • Please enclose a note requesting traffic school. (You will be billed an additional amount by the school at a later date.)
  • If you pay in person, you must bring your citation and pay with cash, certified check or money order.

Not Guilty

If you wish to plead not guilty, appear in court on the date listed on your citation.

Equipment Violations

If you are cited for one of the equipment violations listed below, you may bring in proof of repair before the court date on the citation and the charge will be dismissed.

  • If you are cited for the offense codes 0401 or 0435, you may bring in a valid drivers license before the court date on the citation and the charge will be dismissed. (Drivers license must have been valid prior to violation date).
  • If you are cited for one of the offense codes 0405, 0407, or 0424, you may bring a copy of your new registration before your court date. If registration has been expired less than 30 days, the charge will be dismissed. If not renewed within 30 days, you must pay the fine.
  • If you are cited for offense code 0436 you must go to your local drivers license office and have the appropriate information changed, then bring your license to the address below before your court date and the charge will be dismissed.
  • If you are cited for failure to use safety belt in addition to a prepayable offense listed, and the officer marked your citation payable, and you wish to plead guilty to all charges, you may mail your payment to the address below including the additional fine for failure to use safety belt. If charged with failure to use safety belt only, pay amount listed on citation sheet.
  • If you are cited for offense code 0503, you may bring in your insurance policy, or card (IT MUST HAVE BEGINNING – EFFECTIVE DATE) or a letter from your insurance company verifying that you did have insurance PRIOR to the date on your citation.

You may present proof, or make payments (checks & money orders payable to Commonwealth of Kentucky) at:

FAYETTE DISTRICT COURT
150 N. Limestone
Lexington, KY 40507
Telephone: (859) 246-2228

If you fail to respond to your citation, your operators license may be suspended.

Equipment License/Registration Violations

0205 Inadequate silencer
0206 Improper equipment
0209 Vehicle a nuisance
0220 No tail lights
0226 One headlight
0231 Obstructed windshield
0240 No brake lights
0401 No operators license
0405 Improper registration plates
0407 No registration receipt
0424 No/Expired registration plates
0435 No license in possession
0436 Fail to notify D.O.T. change
0503 Fail to maintain insurance

IF NONE OF THIS APPEALS TO YOU, CALL ME! I CAN HELP!

This is an Advertisement: Please see my Traffic Violations page for more information on how I can help you.

Last updated: 11/20/2014 9:17:55 AM