189A.090 Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without required ignition interlock device prohibited -- Pe - Kentucky Statutes

Download pdf

Loading PDF...

189A.090 Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without
required ignition interlock device prohibited -- Penalties. (1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.010(6), 189A.070, 189A.107,
189A.200, or 189A.220, or operate or be in physical control of a motor vehicle
without a functioning ignition interlock device in violation of KRS 189A.345(1). (2) In addition to any other penalty imposed by the court, any person who violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B misdemeanor and have his license revoked by the court for six (6) months,
unless at the time of the offense the person was also operating or in physical
control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or
(e), in which event he shall be guilty of a Class A misdemeanor and have his
license revoked by the court for a period of one (1) year; (b) For a second offense within a five (5) year period, be guilty of a Class A misdemeanor and have his license revoked by the court for one (1) year,
unless at the time of the offense the person was also operating or in physical
control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or
(e), in which event he shall be guilty of a Class D felony and have his license
revoked by the court for a period of two (2) years; (c) For a third or subsequent offense within a five (5) year period, be guilty of a Class D felony and have his license revoked by the court for two (2) years,
unless at the time of the offense the person was also operating or in physical
control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or
(e), in which event he shall be guilty of a Class D felony and have his license
revoked by the court for a period of five (5) years. (3) The five (5) year period under this section shall be measured in the same manner as in KRS 189A.070. (4) After one (1) year of the period of revocation provided for in subsection (2)(b) or (c) of this section has elapsed, a person whose license has been revoked pursuant to
either of those subsections may move the court to have an ignition interlock device
installed for the remaining portion of the period of revocation. The court may, upon
a written finding in the record for good cause shown, order an ignition interlock
device installed if the following conditions are satisfied:
(a) The person shall not operate a motor vehicle or motorcycle without an ignition interlock device as provided for in KRS 189A.340(2); (b) The person shall not operate a motor vehicle or motorcycle at any other time and for any other purposes than those specified by the court; and (c) The ignition interlock device shall be installed on the motor vehicle or motorcycle for a period of time not less than the period of revocation required
for the person under subsection (2)(b) or (c) of this section. (5) Upon a finding of a violation of any of the conditions specified in subsection (4) of this section or of the order permitting the installation of an ignition interlock device
in lieu of the remaining period of revocation that is issued pursuant thereto, the
court shall dissolve such an order and the person shall receive no credit toward the
remaining period of revocation required under subsection (2)(b) or (c) of this
section. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 149, sec. 22, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 467, sec. 7, effective October 1, 2000. -- Amended 1991 1st Extra. Sess. Acts ch.
15, sec. 22, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 9, effective
July 13, 1984.