2017 Kentucky Revised Statutes
CHAPTER 189A - DRIVING UNDER THE INFLUENCE
.085 Surrender and impoundment of motor vehicle license plates -- Effect of issuance of ignition interlock license -- Hardship exception for affected individuals other than offender.
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189A.085 Surrender and impoundment of motor vehicle license plates -- Effect of
issuance of ignition interlock license -- Hardship exception for affected
individuals other than offender.
Unless, at the final sentencing hearing of a person who has been convicted of a
second or subsequent offense under KRS 189A.010, the person provides proof that
the requirements of KRS 189A.420 have been met for issuance of an ignition
interlock license, the person shall have the license plate or plates on all of the motor
vehicles owned by him or her, either solely or jointly, impounded by the court of
competent jurisdiction in accordance with the following procedures:
(a) At the final sentencing hearing, the person shall physically surrender any and
all license plate or plates currently in force on any motor vehicle owned either
individually or jointly by him or her to the court. The order of the court
suspending the license plate or plates shall not exceed the time for the
suspension of the motor vehicle operator's license of the second or subsequent
offender as specified in KRS 189A.070.
(b) The clerk of the court shall retain any surrendered plate or plates and transmit
all surrendered plate or plates to the Transportation Cabinet in the manner set
forth by the Transportation Cabinet in administrative regulations promulgated
by the Transportation Cabinet.
Upon application, the court may grant hardship exceptions to family members or
other individuals affected by the surrender of any license plate or plates of any
vehicle owned by the second or subsequent offender. Hardship exceptions may be
granted by the court to the second or subsequent offender's family members or other
affected individuals only if the family members or other affected individuals prove
to the court's satisfaction that their inability to utilize the surrendered vehicles
would pose an undue hardship upon the family members or affected other
individuals. Upon the court's granting of hardship exceptions, the clerk or the
Transportation Cabinet as appropriate, shall return to the family members or other
affected individuals the license plate or plates of the vehicles of the second or
subsequent offender for their utilization. The second or subsequent offender shall
not be permitted to operate a vehicle for which the license plate has been suspended
or for which a hardship exception has been granted under any circumstances.
If the license plate of a jointly owned vehicle is impounded, this vehicle may be
transferred to a joint owner of the vehicle who was not the violator.
If the license plate of a motor vehicle is impounded, the vehicle may be transferred.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 124, sec. 3, effective June 24, 2015. -- Amended
2010 Ky. Acts ch. 149, sec. 21, effective July 15, 2010. -- Created 2000 Ky. Acts ch.
467, sec. 19, effective October 1, 2000.
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