189A.240 Judicial review of pretrial license suspension for repeat offender.

217 words·~1 min read·/ky/chapter-189a/189a-240

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the court determines by a preponderance of the evidence that:

(1)The person was charged and arrested by a peace officer with a violation of KRS

189A.010(1)(a), (b), (c), (d), or (e);

(2)The peace officer had reasonable grounds to believe that the person was operating a

motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e);

(3)There is probable cause to believe that the person committed the violation of KRS

189A.010(1)(a), (b), (c), (d), or

(e)as charged; and

(4)The person has been convicted of one

(1)or more prior offenses as described in

KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license

suspended on one

(1)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; then the court shall continue to suspend the person's operator's license or privilege to operate a motor vehicle, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107. The provisions of this section shall not be construed as limiting the person's ability to challenge any prior convictions or license suspensions or refusals.