2016 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE .410 Purposes for issuance of hardship license -- Prerequisite to court's granting of hardship driving privileges -- Prohibition against issuance when alcohol or substance test was refused.
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189A.410 Purposes for issuance of hardship license -- Prerequisite to court's
granting of hardship driving privileges -- Prohibition against issuance
when alcohol or substance test was refused.
(1)
(2)
At any time following the expiration of the minimum license suspension periods
enumerated in:
(a) KRS 189A.010(6); or
(b) KRS 189A.070 for a violation of:
1.
KRS 189A.010(1)(c) or (d); or
2.
KRS 189A.010(1)(a), (b), or (e) for a first offense within a ten (10)
year period if, at the time of the offense, none of the aggravating
circumstances enumerated under KRS 189A.010(11) were present
while the person was operating or in control of a motor vehicle;
the court may grant the person hardship driving privileges for the balance
of the suspension period imposed by the court, upon written petition of the
defendant, if the court finds reasonable cause to believe that revocation
would hinder the person's ability to continue his employment; continue
attending school or an educational institution; obtain necessary medical
care; attend driver improvement, alcohol, or substance abuse education
programs; or attend court-ordered counseling or other programs.
Before granting hardship driving privileges, the court shall order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his or
her employer, on a form provided by the cabinet, detailing his or her job,
hours of employment, and the necessity for the person to use the
employer's motor vehicle either in his or her work at the direction of the
employer during working hours, or in travel to and from work if the license
is sought for employment purposes; and
(c) If the person is self-employed, to provide the information required in
paragraph (b) of this subsection together with a sworn statement as to its
truth;
(d) Provide the court with a written, sworn statement from the school or
educational institution which he attends, of his or her class schedule,
courses being undertaken, and the necessity for the person to use a
motor vehicle in his travel to and from school or other educational
institution if the license is sought for educational purposes. Licenses for
educational purposes shall not include participation in sports, social,
extracurricular, fraternal, or other noneducational activities;
(e) Provide the court with a written, sworn statement from a physician, or
other medical professional licensed but not certified under the laws of
Kentucky, attesting to the person's normal hours of treatment, and the
necessity to use a motor vehicle to travel to and from the treatment if the
license is sought for medical purposes;
(f) Provide the court with a written, sworn statement from the director of any
alcohol or substance abuse education or treatment program as to the
hours in which the person is expected to participate in the program, the
(3)
nature of the program, and the necessity for the person to use a motor
vehicle to travel to and from the program if the license is sought for
alcohol or substance abuse education or treatment purposes;
(g) Provide the court with a copy of any court order relating to treatment,
participation in driver improvement programs, or other terms and
conditions ordered by the court relating to the person which require him or
her to use a motor vehicle in traveling to and from the court-ordered
program. The judge shall include in the order the necessity for the use of
the motor vehicle; and
(h) Provide to the court any information as may be required by administrative
regulation of the Transportation Cabinet.
The court shall not issue a hardship license to a person who has refused to
take an alcohol concentration or substance test or tests offered by a law
enforcement officer.
Effective:April 9, 2016
History: Amended 2016 Ky. Acts ch. 85, sec. 8, effective April 9, 2016. -- Amended
2015 Ky. Acts ch. 124, sec. 16, effective June 24, 2015. -- Amended 2002 Ky.
Acts ch. 171, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467,
sec. 17, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 16,
effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15,
sec. 25, effective July 1, 1991.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10
provided that that Act shall be known as the Brianna Taylor Act. This statute
was amended in Section 8 of that Act.
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