189A.200 Pretrial suspension of license of person charged with driving under the
615 words·~3 min read·
/ky/189a-200A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
influence for refusing to take test, for being a repeat offender, and for causing
accident resulting in death or serious physical injury to another person --
Hearing -- Length of suspension -- When application for ignition interlock
license required.
(1)The court shall at the arraignment or as soon as such relevant information becomes
available suspend the motor vehicle operator's license and motorcycle operator's
license and driving privileges of any person charged with a violation of KRS
189A.010(1) who:
(a)Has refused to take an alcohol concentration or substance test as reflected on
the uniform citation form;
(b)Has been convicted of one
(1)or more prior offenses as described in KRS
189A.010(5)(e) or has had his or her operator's license suspended on one
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; or
(c)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.
(2)Persons whose licenses have been suspended pursuant to this section may file a
motion for judicial review of the suspension, and the court shall conduct the review
in accordance with this chapter within thirty
(30)days after the filing of the motion.
The court shall, at the time of the suspension, advise the defendant of his rights to
the review.
(3)When the court orders the suspension of a license pursuant to:
(a)Subsection (1)(a) of this section, the court may, in addition to any other
conditions the court may order, require that the person apply to the
Transportation Cabinet for issuance of an ignition interlock license under
KRS 189A.340 for the period of the suspension;
(b)Subsection (1)(b) or
(c)of this section, the court shall, in addition to any other
conditions the court may order, require that the person apply to the
Transportation Cabinet for issuance of an ignition interlock license under
KRS 189A.340 for the period of suspension; and
(c)Subsection
(1)of this section and the person is required to apply for an
ignition interlock license pursuant to paragraph
(a)or
(b)of this subsection,
the person shall present the completed ignition interlock license application to
the court.
(4)When the court orders the suspension of a license pursuant to this section, the
defendant shall immediately surrender his or her license to operate a motor vehicle
or motorcycle to the court. Should the defendant fail to surrender his or her license
to the court, the court shall issue an order directing the sheriff or any other peace
officer to seize the license forthwith and deliver it to the court. If the license is
currently under suspension, the provisions of this subsection shall not apply.
(5)The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet:
(a)Any license surrendered pursuant to this section; and
(b)If the court ordered a person to apply for an ignition interlock device under
subsection
(3)of this section, notification of the order.
(6)Licenses suspended under this section shall remain suspended until:
(a)The person is acquitted;
(b)All pending or current charges relating to a violation of KRS 189A.010
have been dismissed; or
(c)The person is convicted and the Transportation Cabinet has suspended
his or her license pursuant to KRS 189A.070;
but in no event for a period longer than the license suspension period
applicable to the person under KRS 189A.070 or 189A.107.
(7)Any person whose operator's license has been suspended pursuant to this section
shall be given credit for all pretrial suspension time against the period of suspension
imposed under KRS 189A.070.