Traffic Offenses

POINTS ON LICENSE

The County Attorney is also responsible for prosecuting traffic offenses that occur within the county. Most traffic offenses will lead to the imposition of points on your drivers’ license. Here is some information from the Kentucky DOT about Kentucky’s point system

If you are under the age of 18 and accumulate six points within two years or if you are over the age of 18 and accumulate 12 or more points against your license within two years, the Transportation Cabinet may suspend or revoke your privilege to drive a car. Conviction of the following moving traffic offenses shall be cause for the Transportation Cabinet to assess the points indicated or suspend the license as indicated. These actions against the license are in addition to any fine, court costs or other penalty assessed by the judge or a jury.

1. Racing – 90 days suspension;
2. Speeding 26 MPH or more over limit – 90 days suspension;
3. Attempting to elude law enforcement officer by use of motor vehicle – 90 days suspension.
4. Speeding 15 MPH or less over the limit – 3 (except under 10 on a limited access highway);
5. Speeding 16 MPH or more, but less than 26 MPH, over the limit – 6;
6. Failure to stop for church or school bus – 6;
7. Improper passing – 5;
8. Reckless driving – 4;
9. Driving on wrong side of road – 4;
10. Following too closely – 4;
11. Failure to yield to emergency vehicle – 4;
12. Changing drivers in a moving vehicle – 4;
13. Vehicle not under control – 4;
14. Stop violation (electric signal, railroad crossing, stop sign) – 3;
15. Failure to yield – 3;
16. Wrong way on one-way street – 3;
17. Too fast for conditions – 3;
18. Too slow for conditions – 3;
19. Improper start – 3;
20. Improper driving – 3;
21. Careless driving – 3;
22. Failure to yield left lane – 3;
23. Improper lane usage – 3;
24. Failure to illuminate headlights – 3;
25. Failure to dim headlights – 3;
26. Any other moving hazardous violation – 3;
27. Commission of a moving hazardous violation which involves an accident – 6; or
28. Combination of two (2) or more moving hazardous violations in one (1) occurrence – 6.

A person may go to traffic school once per year for some moving violations and not have any points assessed against their license. It is important to remember that if the Transportation Cabinet suspends the driving privilege of a person during the period that a prior suspension is in effect, the subsequent suspension period shall run consecutive to the prior.

The Transportation Cabinet will also automatically suspend your license for the following offenses:

1. Driving with no insurance, Second or greater offense;
2. Driving while your license is suspended;
3. DUI, second or greater offense;

What are the punishments for DUI?

The punishments depend on how many times a person has been convicted of DUI in the past 5 years.

1. First Offense Within 5 Years:
   a) Penalties – $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment.
   b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
   c) Alcohol or Substance Abuse Treatment Program – 90 days.
   d) License Revoked – 30-120 days (or, if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.
2. Second Offense Within 5 Years:
   a) Penalties – $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days.
   b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
   c) Alcohol or Substance Abuse Treatment Program – 1 year.
   d) License Revoked – 12 – 18 months (or, if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires.
   e) License plate impoundment or installation of ignition interlock device.
3. Third Offense Within 5 Years:
   a) Penalties – $500 to $1000 fine and 30 days to 12 months jail, and court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present mandatory minimum term of imprisonment shall be 60 days.
   b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
   c) Alcohol or Substance Abuse Treatment Program – 1 year.
   d) License Revoked – 24 to 36 months. May apply for hardship license after minimum suspension period expires.
   e) License plate impoundment or installation of ignition interlock device.
4. Fourth or Subsequent Offense Within 5 Years:
   a) Penalties – 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days.
   b) Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
   c) Alcohol or Substance Abuse Treatment Program – 1 year.
   d) License Revoked – 5 years. No hardship license.
   e) License plate impoundment or installation of ignition interlock device.
5. Aggravating Circumstances referred to above are:
   a) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit;
   b) Operating MV in wrong direction on limited access highway;
   c) Operating MV that causes accident resulting in death or serious physical injury;
   d) Operating MV while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of MV;
   e) Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and
   f) Operating MV that is transporting a passenger under 12 years of age.