Tag Archives: kentucky

Criminal Justice Reform, Coming Soon to Kentucky!

Criminal Justice Reform
Criminal Justice Reform, image credit Thinkstock and story courtesy of http://wkyufm.org/

Criminal Justice Reform

This past summer, Kentucky’s Governor created a council to consider proposed changes to the state’s criminal justice system.  The council has created proposals for criminal justice reform in the state.  This would result in reduced jail time for many lower level offenses.  This new approach is often referred to by the slogan, “Smart on Crime.”  Lawmakers will consider the council’s recommendations in coming legislative sessions.

See this article for more information: http://wkyufm.org/post/kentucky-lawmakers-consider-sweeping-changes-criminal-justice-system#stream/0

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As always, if you need legal assistance, please see my page on Felonies and Misdemeanors for additional information.

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.

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What Do I Do at a DUI Checkpoint?

DUI Checkpoint Rules

For many of you, DUI Checkpoints are nothing to be feared. However, there are those unlucky few who encounter a checkpoint in Kentucky. Most of the time, things go downhill even if you have truly had just a “couple of beers”.  Before you go out this holiday weekend, take a look at this story to see how the law is changing on how the police can conduct checkpoints in Kentucky. Happy 4th !speddinglawoffices_dui1

http://www.lex18.com/story/30863283/new-rules-for-roadblocks

This is an Advertisement: If you find that you need legal assistance with a DUI, please see my page for more information.