431.452 Prepayment of fines subject to certain conditions.

408 words·~2 min read·/ky/chapter-431/431-452

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

(1)An offense which is designated as subject to prepayment by specific statutory

designation may be prepaid by the violator subject to the terms and conditions of

the statute involved.

(2)When an offense that is not designated as subject to prepayment by specific

statutory designation is cited on the same citation with another offense that is

subject to prepayment, the officer shall cite the violator to court for all cited

offenses. However, if the offense for which prepayment is not allowed is dismissed

by the judge prior to the court date listed on the citation, the offense subject to

prepayment by specific statutory designation may be prepaid by the violator, and the

violator shall not be required to appear in court.

(3)An offense which is designated as subject to prepayment is subject to the following

conditions:

(a)Designation as subject to prepayment does not preclude a physical arrest by a

peace officer for that offense;

(b)Designation as subject to prepayment shall preclude a requirement that the

defendant make a court appearance on a uniform citation;

(c)Except as provided for in KRS 189.990(26), for any offense designated as

subject to prepayment, the defendant may elect to pay the minimum fine for

the offense plus court costs to the circuit clerk before the date of his trial or be

tried in the normal manner, unless the citation is marked for mandatory court

appearance pursuant to KRS 431.015 or subsection

(2)of this section, except

that the fine for violations of KRS 189.221, 189.222, 189.226, 189.270, or

189.271 shall be in accordance with KRS 189.990(2)(a) and the defendant

shall not be allowed to pay the minimum fine as otherwise allowed by this

paragraph; and

(d)Prepayment of the fine and costs shown on the citation or accompanying

schedule shall be considered as a plea of guilty for all purposes.

(4)When a peace officer issues a uniform citation and no physical arrest is made he or

she shall, where the citation is designated as subject to prepayment, mark the

citation as "PAYABLE", except as provided in KRS 431.015 or subsection

(2)of

this section.

(5)The Administrative Office of the Courts, after consultation with the Department of

Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the

Department of Fish and Wildlife Resources, and a representative of law

enforcement shall develop a prepayable fine and cost schedule and a uniform

statewide instruction sheet for the Commonwealth.