The first thing you need to do after you’ve been arrested for a traffic offense, is to call a Cooley, Iuliano, Robey PLLC traffic ticket attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled traffic ticket defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their traffic ticket case against you. Our traffic ticket law firm and traffic ticket attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
Understanding Kentucky Traffic Tickets
You get a ticket, or traffic violation, whenever you are caught speeding, running a red light, parking incorrectly, driving without a valid licence, or committing any other number of other traffic violations. It’s normal for most people, in compliance with court orders, to just show up to court alone and pay whatever fine they get after a traffic violation. Or they even pay the ticket in advance. Before doing so, you should consider the services of a defense attorney, because even traffic violations can have effects upon insurance rates or your driving privileges. In Kentucky, many traffic violations result in “points” being added to your driving record, and too many points lead to your license suspended, or you may be placed on probation. A lawyer for driving offenses can help you avoid all this.
The most common ways to have your driver’s license suspended is by accumulating 12 points (7 if you’re younger than 18 years-old) on your driver’s license. There are many ways this can result from. You can accumulate too many points after driving without a valid license, or accumulating too many traffic violations, being charged with hit-and-run, or reckless driving, a DUI, and other traffic offenses. The amount of times you accumulate points within a certain period of time will also determine just how much are you prohibited from driving in the state of Kentucky.
Kentucky Point System
Kentucky doesn’t just fine you for a violation. You can’t just pay your traffic tickets and keep on driving. In order to make sure people are motivated to improve their driving and keep the streets safe, there is a point system that adds points to your licence based on how many infractions or traffic violations you commit.
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You start off with zero points. For every violation you commit, you accumulate points. If you’re over 18 years of age and reach 12 points within a period of 2 years, your license is suspended and you have to face a hearing to appeal that decision. If you’re younger than 18, your point limit is 7. If you miss your hearing, the consequences can be a six month suspension or a year suspension if you accumulate 12 more points. Two years after that if another 12 points are added after a two year period.
You can always appeal these suspensions, but you must be sure to not miss any of your hearings. If you do, your license is automatically suspended.
If you are being accused of traffic ticket violation, finding experienced professionals like Lexington KY criminal defense attorney or traffic ticket lawyer immediately after your arrest is where you should start in taking control of your future.
Have you been charged with a traffic violation?
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If you have been charged with a traffic violation, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
Common Traffic Violations in the Kentucky Revised Statutes
It’s normal for most people, in compliance with court orders, to just show up to court alone and pay whatever fine they get after a traffic violation. Or they even pay the ticket in advance. Before doing so, you should consider the services of a defense attorney, because even traffic violations can have effects upon insurance rates or your driving privileges. In Kentucky, many traffic violations result in “points” being added to your driving record, and too many points lead to your license suspended, or you may be placed on probation. A traffic ticket lawyer could help you avoid all this.
Which is why obtaining the services of a traffic ticket defense attorney Lexington against traffic ticket offenses is the first thing you need to do when faced with charges like these. CIR Legal’s seasoned traffic ticket attorneys can help you with any type of traffic ticket violation and help you determine what you’re up against.
Speeding
(1) The fines for speeding in violation of KRS 189.390 shall be:
Mph. Over Limit | Prima Facie or Maximum Speed | ||||||||||||
15 | 20 | 25 | 30 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | Fine | |
1 | 16 | 21 | 26 | 31 | 36 | 41 | 46 | 51 | 56 | 61 | 66 | 71 | $1 |
2 | 17 | 22 | 27 | 32 | 37 | 42 | 47 | 52 | 57 | 62 | 67 | 72 | 2 |
3 | 18 | 23 | 28 | 33 | 38 | 43 | 48 | 53 | 58 | 63 | 68 | 73 | 3 |
4 | 19 | 24 | 29 | 34 | 39 | 44 | 49 | 54 | 59 | 64 | 69 | 74 | 4 |
5 | 20 | 25 | 30 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 5 |
6 | 21 | 26 | 31 | 36 | 41 | 46 | 51 | 56 | 61 | 66 | 71 | 76 | 16 |
7 | 22 | 27 | 32 | 37 | 42 | 47 | 52 | 57 | 62 | 67 | 72 | 77 | 17 |
8 | 23 | 28 | 33 | 38 | 43 | 48 | 53 | 58 | 63 | 68 | 73 | 78 | 18 |
9 | 24 | 29 | 34 | 39 | 44 | 49 | 54 | 59 | 64 | 69 | 74 | 79 | 19 |
10 | 25 | 30 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 80 | 20 |
11 | 26 | 31 | 36 | 41 | 46 | 51 | 56 | 61 | 66 | 71 | 76 | 81 | 22 |
12 | 27 | 32 | 37 | 42 | 47 | 52 | 57 | 62 | 67 | 72 | 77 | 82 | 24 |
13 | 28 | 33 | 38 | 43 | 48 | 53 | 58 | 63 | 68 | 73 | 78 | 83 | 26 |
14 | 29 | 34 | 39 | 44 | 49 | 54 | 59 | 64 | 69 | 74 | 79 | 84 | 28 |
15 | 30 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 80 | 85 | 30 |
16 | 31 | 36 | 41 | 46 | 51 | 56 | 61 | 66 | 71 | 76 | 81 | 32 | |
17 | 32 | 37 | 42 | 47 | 52 | 57 | 62 | 67 | 72 | 77 | 82 | 34 | |
18 | 33 | 38 | 43 | 48 | 53 | 58 | 63 | 68 | 73 | 78 | 83 | 36 | |
19 | 34 | 39 | 44 | 49 | 54 | 59 | 64 | 69 | 74 | 79 | 84 | 38 | |
20 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 80 | 85 | 40 | |
21 | 36 | 41 | 46 | 51 | 56 | 61 | 66 | 71 | 43 | ||||
22 | 37 | 42 | 47 | 52 | 57 | 62 | 67 | 72 | 46 | ||||
23 | 38 | 43 | 48 | 53 | 58 | 63 | 68 | 73 | 49 | ||||
24 | 39 | 44 | 49 | 54 | 59 | 64 | 69 | 74 | 52 | ||||
25 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 55 |
(2) For speeding in excess of the speeds shown on the specific fine schedule the fine shall be not less than sixty dollars ($60) nor more than one hundred dollars ($100).
(3) For any violation shown on the chart for which a specific fine is prescribed, the defendant may elect to pay the fine and court costs to the circuit clerk before the date of his trial or to be tried in the normal manner. Payment of the fine and court costs to the clerk shall be considered as a plea of guilty for all purposes.
(4) If the offense charged shows a speed in excess of the speeds shown on the specific fine schedule the defendant shall appear for trial and may not pay the fine to the clerk before the trial date.
(5) If the offense occurred in an area near a school where flasher lights have been installed and are flashing, and a speed limit has been set pursuant to KRS 189.336, the fine established by subsection (1) or (2) of this section shall be doubled
If you or someone you care about has been charged with a traffic ticket violation crime in Kentucky, contact our reputable criminal defense lawyers or traffic ticket violation lawyers as soon as possible by calling 859-636-6803.
Reckless Driving
In Kentucky, reckless driving can mean failing to operate a vehicle carefully, which can result in penalties and fines. After several times of your committing this offense your driver’s license will be suspended. There is another crime on the books in Kentucky with which you can be charged while recklessly driving, which is reckless endangerment. These are charges that are brought on when the accused engages in an activity that disregards, and puts at risk, the lives and the health of others. It’s mostly accompanied by the description of “wanton” endangerment. Wanton means that the person is acting in a way they should know is dangerous and can harm someone or kill them, even if they don’t have the intention to. Kentucky has wanton endangerment in the first degree and including in the second degree.
Driving without a license
Nobody can drive a motor vehicle, of any type, in Kentucky without a valid driver’s license. If you have a valid one, but simply forgot it while you were driving, you might be able to avoid being charged with a misdemeanor and fined $250, especially if it’s your first time. But driving without a valid or suspended licence will force you to pay the fine and maybe even result in jail time for up to 90 days. A good defense lawyer can help avoid that and leave your case at just fines.
Driving with a suspended license and the cause of that suspension was a DUI, has harsher penalties. A first offense is a six-month revocation of your licence and fines or up to 90 days in jail. A second offense is a one-year suspension and harsher fines. A third offense are fines of up to $10,000 and two-years of driver’s licence suspension, with the possibility of up to five years in prison.
Driving without insurance
(1) No person shall authorize or knowingly permit a motor vehicle owned or controlled by him to be driven by any person who has no legal right to drive it or in violation of any of the provisions of KRS 186.400 to 186.640.
(2) No person who has not applied for an operator‘s license or whose operator’s license has been denied, canceled, suspended or revoked, or whose privilege to operate a motor vehicle has been withdrawn, shall operate any motor vehicle upon the highways while the license is denied, canceled, suspended, or revoked or his privilege to operate a motor vehicle is withdrawn, or the license has not been applied for.
If you or someone you care about has been charged with a traffic ticket violation crime in Kentucky, contact our reputable criminal defense lawyers or traffic ticket violation lawyers as soon as possible by calling 859-636-6803.
Hit and Run
In Kentucky, the crime of hit and run can be defined as simply being involved in a vehicular accident and not staying around to help whomever might be hurt or wait for law enforcement to arrive. This is usually no more than a traffic ticket, but it can escalate to a Class A misdemeanor. If a person is seriously injured or dies because of an accident you might have caused, you will be charged with also a Class D felony if you flee and don’t stay to render aid or wait for law enforcement to arrive.
If you’re driving down a street or highway, or even just pulling out of your driveway, and you injure someone or damage a piece of public property or private property that is not yours, you are legally obligated to stay and see how you can help with the problem. If you only crash into someone’s car or property, then you have to at least settle on some agreements or offer compensation through your insurance company or out of your own pocket, for example.
CDL Violation
In Kentucky and the rest of North America (including Canada and Mexico), all commercial drivers require a special driver license called Commercial Driver License (CDL) to operate a commercial motor vehicle (CMV) that is heavier than 26,001 pounds, or that carries hazardous materials, or that is used to transport 16 or more passengers.
Kentucky has several types of CDLs, all depending on the weight of the vehicle. And it also has a special restriction to drivers under 21 years old. Plus, endorsements are placed depending on the types of cargo, like hazardous materials, and are subject to more regulations than regular commercial vehicles.
Having a CLD is an enormous responsibility and the most regulated type of driver’s license. Violating any of the rules can mean either a fine or even be prohibited from driving another commercial vehicle for years. In cases such as operating a commercial vehicle under the influence of alcohol, the penalties might even be a lifetime ban from driving a CMV.
Destruction of a VIN Number
(1) No person shall intentionally remove, deface, cover, destroy, alter, or obscure any vehicle identification number, or other distinguishing number, of a motor vehicle or trailer or any part thereof in this state, without written authorization from the Department of Kentucky State Police, nor shall any person place or stamp, in place of the original manufacturer’s serial, motor, or other number or mark upon a vehicle, any number except one assigned thereto by the Department of Vehicle Regulation under the provisions of KRS 186.1911 or authorized agency of another state.
(2) This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the Department of Kentucky State Police, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.
If you or someone you care about has been charged with a traffic ticket violation crime in Kentucky, contact our reputable criminal defense lawyers or traffic ticket violation lawyers as soon as possible by calling 859-636-6803.
Traffic Violation Penalties
Although the penalties for all crimes, along with traffic ticket offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your traffic ticket defense attorney during the trial, usually the state adheres to penalties and content detailed in each of the crimes’ individual statute in the Kentucky Revised Statutes as well as the Kentucky Sentencing Guidelines for most criminal convictions.
Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable traffic ticket lawyer in your area to see the substance of the case.
For any of which, it is of utmost importance to work with a reputable traffic ticket lawyer in your area to see to the charges filed against you and evaluation of your entire case overall.
Misdemeanor
In the US, a misdemeanor is a crime punishable by less than a year in prison sentence, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you would want the best traffic ticket attorney you can get. A competent traffic ticket defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment period for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, informing your traffic ticket defense lawyer at the earliest is advised.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).). If this is the case, it is advised for you to share this information with your traffic ticket defense lawyer at the earliest.
It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert traffic ticket attorneys with adept insights and resources is essential. It’s also good advice to hire traffic ticket lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced Traffic ticket attorneys will know what to expect including the best way to protect your rights, or avoid a conviction altogether.
Federal
In general, driving offenses and traffic violations in the United States are handled by the states because local authorities are the ones responsible for keeping traffic and drivers in check. But, when you commit any driving offense in federal land —a national park, reserve, military base, federal highway, a parking violation in a building or any parking lot owned by the federal government, or airports— you get a ticket and charges filed in federal court, but penalties are the same as Kentucky law You must have an experienced traffic ticket defense attorney familiar with federal traffic charges to defend you in the Eastern or Western Districts of Kentucky, especially if you’ve been accused of a federal DUI offense. Federal DUI offenses happen when you are driving under the influence on federal property. First time federal DUI offenses are misdemeanors but can be harsher depending on what type of property you committed the offense with further evidence. Don’t let a DUI or another federal driving offense affect the rest of your life.
You need an experienced criminal defense lawyer that specializes in traffic ticket defense
All of our criminal traffic ticket attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of traffic ticket violations and traffic ticket defenses as well as other practice areas. We value the best interest of every client above all. When it comes to traffic ticket offenses, you need traffic ticket attorneys who will fight for your constitutional rights, and go through every detail of your case, no matter how inconsequential they may be.
Free Consultation & Case Review from our experienced traffic ticket lawyers
At CIR Legal, our traffic ticket attorney’s traffic ticket defense services include offering free consultation and case review to potential clients or otherwise. Our traffic ticket attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our office at 859-636-6803 or fill out our form for a free consultation may be it pm or am.
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