Kentucky Traffic Violations

Kentucky's traffic laws are essential for ensuring safe and legal driving. These regulations safeguard all road users and property while assisting drivers in avoiding legal issues and their associated consequences.

Several state agencies work in tandem to enforce and administer Kentucky's traffic laws. The Department of Vehicle Regulation (DVR), operating under the Kentucky Transportation Cabinet (KYTC), collaborates with the Kentucky State Police (KSP) and various local law enforcement agencies to uphold these regulations.

The Kentucky Court of Justice (COJ) processes traffic violations through District Courts. These courts handle a broad range of offenses, from minor infractions to more serious violations. Even if a traffic violation escalates to a misdemeanor or felony charge, it remains within the jurisdiction of the District Courts.

Drivers who violate Kentucky's traffic laws may face various penalties, such as fines, demerit points, or even suspension or revocation of their driving privileges. Given these consequences, drivers must adhere to traffic regulations and contribute to overall road safety.

What Are the Major Traffic Violations in Kentucky?

Kentucky enforces strict regulations regarding traffic violations. Drivers must know these infractions to avoid penalties and ensure their safety. Here are some of the significant traffic violations in Kentucky:

Reckless Driving

Kentucky Revised Statutes (KRS) Section 189.290 classifies reckless driving as a misdemeanor. This offense involves an intentional disregard for the safety of individuals or property, substantially increasing the risk of serious accidents, injuries, and property damage.

Penalties for reckless driving include:

• A fine ranging from $20 to $100
• Potential imprisonment for up to 30 days
• Possible license suspension for repeat offenders

Excessive Speeding

According to KRS Section 189.394, all drivers in Kentucky must drive within these speed limits:

• Interstate highways and parkways: 65 mph
• Other state highways: 55 mph
• Business or residential districts: 35 mph
• School zones: 25 mph
• Off-street parking facilities: 15 mph

Exceeding these limits reduces a driver's reaction time and increases stopping distance, potentially leading to severe accidents. Fines for speeding violations are as follows:

• 1-10 mph over the limit: $1 to $20
• 11-15 mph over the limit: $22 to $30
• 16-25 mph over the limit: $32 to $55
• 26 mph or more over the limit: $60 to $100, and possible jail time of up to 30 days.

Hit and Run

Under the KRS Section 189.580, leaving the scene of an accident without providing assistance or information is illegal. This offense can leave victims without necessary help and impede law enforcement investigations, potentially leading to greater harm and legal complications.

Penalties for hit-and-run offenses vary based on the severity of the incident:

• Property damage only: Misdemeanor, punishable by up to 12 months in jail and a fine of up to $500
• Injury or death: Class D felony, carrying a sentence of up to five years in prison and a fine of up to $10,000

Drag or Street Racing

As per KRS Section 189.505, racing on public highways is illegal. It endangers participants and other road users due to high speeds, sudden maneuvers, and lack of control. Offenders may face the following penalties as per Section 189.993:

• Up to 30 days in jail
• A fine of $60 to $200
• Court hearing

Fleeing or Evading Police

Evading law enforcement arrest or fleeing by driving away is a traffic violation. The penalties will depend on whether the violation was committed in the first degree or second degree.

Under KRS Sections 534.030, 534.040, and 532.090, here are the possible penalties:

• First-degree offense:
• A fine of $1.000 to $10,000
• One to five years in jail
• Possible license revocation or suspension
• Court hearing
• Second-degree offense:
• A fine of $500
• Potential 12 months in jail
• Possible license suspension
• Court hearing

Driving with a Suspended or Revoked License

Kentucky drivers can't drive their vehicles if they don't have their licenses or if it has been suspended or revoked as per KRS Section 186.620. If convicted, the offender may incur the following penalties as per Sections 534.040 and 532.090:

• A fine of up to $250
• Up to 90 days in jail

Driving Under the Influence (DUI)

According to Section 189A.10 of the KRS, it is unlawful for any individual to operate a vehicle if they are intoxicated:

• With a blood alcohol concentration (BAC) of 0.08% or more
• With a BAC of 0.02% or more for drivers 21 or younger
• While under the influence of drugs, alcoholic beverages, or a combination of the two
• While confirmed to have controlled substances in their blood or urine upon testing

If caught, the offender can face the following penalties:

• First offense:
• 90 days of alcohol or substance abuse program
• Six months license suspension
• Second offense (within ten years):
• One year of an alcohol or substance abuse program
• 18 months license suspension
• Third (within ten years):
• One year of an alcohol or substance abuse program
• 36 months or three-year license suspension
• Fourth and subsequent offenses (within ten years):
• One year of an alcohol or substance abuse program
• 60 months or five-year license suspension

The KYTC has compiled a list of approved alcohol abuse treatment programs for drivers to check in their Provider Directory. If the driver plans to travel in other states, they must contact the KYTC's Division of Driver Licensing for DUI courses at 502-564-1257.

Kentucky has an implied consent law, where drivers automatically agree to undergo chemical testing when suspected of possible DUI. If the court finds out that the driver evaded testing, their license will be suspended for their supposed offense if they have been convicted.

Kentucky Ignition Interlock Program (KIIP)

If the driver decides to enroll in the KYTC's ignition interlock program, they can reduce the duration of their license suspension. To be eligible for suspension reduction, the driver enrolled in the KIIP must be violation-free for at least 90 consecutive days. The required number of days to be violation-free will depend on the number of driver offenses.

For example, a driver convicted of DUI on the first offense must be violation-free for 90 days. It will reduce their license suspension from six months to four months.

For more information about reducing suspension and the KIIP, visit the "DUI Penalties" page on Kentucky's DRIVE website.

Driving Without an Insurance

Kentucky has a "choice no-fault system" where drivers must have Personal Injury Protection (PIP) coverage of at least $10,000. As per KRS Section 304.39-050, the PIP is the default insurance that will apply if the driver gets into a vehicle accident, regardless of who caused it.

In case the following conditions are met as per KRS Section 304.39-060, the injured driver may sue the individual who caused the accident and have them repay the excess expense:

• The medical expense exceeds $1,000
• The individual suffered from any of the following:
• Broken bones
• Permanent disfigurement
• Permanent injury or loss of any body function
• Death

The driver at fault will rely on their liability insurance to pay the excess or remaining expenses. Hence, as per KRS Section 304.39-110, all vehicle drivers in Kentucky must have a minimum coverage of:

• $25,000 per person for bodily injury or death
• $50,000 per accident for bodily injury or death
• $25,000 per accident for property damage

They may also take a single limit liability coverage of $60,000 instead of the split coverage above.

Note that if a driver opts out of the no-fault system, they will not receive the benefits of their PIP. They will also have the right to sue the other driver who caused the accident. Hence, liability insurance is important.

Driving without liability insurance or failure to show proof of it can incur the following penalties:

• License revocation for up to one year (or until the driver provides proof of insurance)
• A fine of $500 to $1,000
• Up to 90 days in jail

How Does Kentucky's Point System Work?

The KYTC employs a Driver Point System to identify and address potentially negligent drivers. This system operates on a point accumulation basis, with drivers starting at zero and accruing points for various traffic offenses.

Accumulating points can result in penalties. Thus, knowing how the point system works helps drivers maintain a clean driving history.

Point Distribution for Common Violations

Kentucky's point system assigns different values based on the severity of the traffic violation. Here are some examples:

• Speeding 11-15 mph over the limit: 3 points
• Speeding 16-25 mph over limit: 6 points
• Reckless driving: 4 points
• Improper passing: 5 points
• Following too closely: 4 points
• Failure to yield the right of way: 3 points
• Failure to obey a traffic control device: 3 points
• Failure to stop for a school bus: 6 points

The KYTC has a full list of moving violations and their points on its "Kentucky Point System" page.

Consequences of Point Accumulation

The accumulation of points on an individual's driving record makes the individual a habitual offender. Their licenses may be suspended once they meet the set threshold:

• Adult drivers (18 and older): 12 points within two years
• Juvenile drivers (under 18): 7 points within two years

Upon reaching the point threshold, the KYTC conducts a hearing regarding the driver's operating privileges. Failure to attend this hearing results in automatic suspension:

• First accumulation: 6-month suspension
• Second accumulation: 1-year suspension
• Subsequent accumulations: 2-year suspension

Following a hearing, the driver may be put under "probation" as an alternative to suspension. It typically involves attending a state-approved driver improvement clinic or State Traffic School (STS).

Drivers placed on probation are not eligible for subsequent probation for two years following the end of their previous probationary period, regardless of whether it was completed. This system promotes safer driving habits and provides opportunities for drivers to improve their skills before facing more severe consequences.

Point Retention and Reduction on Driving Records

In Kentucky, demerit points expire two years after the date the offender is convicted. However, the points can stay on their driving record for five years from the date of their conviction.

Drivers can participate in state-approved driver improvement clinics or STS. Successful completion of the STS may reduce points.

Note that drivers must meet the following requirements to be eligible for the STS:

• When cited for a traffic violation, participants must have a valid, non-suspended license.
• STS is limited to minor traffic infractions. Convictions carrying mandatory license suspension disqualify drivers from attendance.
• Drivers are permitted to attend STS only once within 12 months.
• The program is exclusively available to Kentucky-licensed drivers. Non-licensed individuals and those with out-of-state licenses are ineligible.
• All STS enrollments must be initiated through a referral from the Kentucky District or Federal court where the traffic violation occurred. Self-referrals are not accepted.

Drivers can learn more about the STS through the "KY State Traffic School" page on Kentucky's official DRIVE website.

What Is the Process for Handling Traffic Tickets in Kentucky?

When Kentucky drivers receive a traffic ticket, they have multiple options for addressing the situation. The most straightforward approach is to accept the citation by paying the associated fine. This action effectively serves as a guilty or no-contest plea and adds points to the driver's record.

Fine Payment Methods

Drivers can pay their fines in two ways:

• Online: Pay through the Kentucky COJ ePay service portal. Detailed online payment instructions are available on the official website.
• In-person: Pay in cash at the Circuit Clerk's office in the county where the violation occurred.

Contesting a Citation

Drivers also have the right to dispute a traffic ticket. The process involves:

• Informing the court of the intent to contest within the specified deadline.
• Gathering supporting evidence may include photographs, witness testimonies, or other relevant documentation.
• Appearing in court on the scheduled date, with or without legal representation, to present the case.

A successful contest may result in the citation being dismissed entirely. In some cases, charges or penalties might be reduced based on the circumstances presented. However, if found guilty, the driver will be required to pay the fine, and points will be added to their driving record.

How Are Accident Reports Handled in Kentucky?

In Kentucky, accident reports documenting traffic incidents provide crucial information for insurance claims, legal proceedings, and law enforcement records.

Filing and Obtaining an Accident Report

Kentucky law mandates that drivers file an online Civilian Traffic Collision Report with the KSP if the following conditions are met:

• Property damage caused by the accident exceeds $500.
• The accident caused injury or death, regardless of fault.

If the conditions are met, the driver must file the report within ten days of the vehicle accident. Drivers should include the following details in their reports:

• Names and contact information of all involved parties
• Insurance provider details and policy numbers
• Driver's license information
• Vehicle registration and license plate numbers
• Vehicle descriptions (make, model, color)
• Witness contact information

Additionally, drivers should document the scene with photographs of vehicles, damage, road conditions, and relevant traffic signs or signals.

For those unsure about proper documentation, the WreckCheck App is available for Android and iPhone users. The app provides a portable checklist of what to do during vehicle accidents. A printable version is also available for those who prefer a non-digital option.

Drivers can download their reports for insurance claims. If a copy wasn't downloaded initially, a written request can be sent to the KSP with the following:

• Driver's name
• Collision date
• Location (county or city)
• $5 fee

Requests should be mailed to:

If law enforcement filed the report, involved drivers aren't required to submit their own. In this case, they can obtain a copy of the police report by requesting it from KSP Headquarters or purchasing it from third-party vendors like BuyCrash.

How Accident Reports Affect Insurance and Legal Matters

Insurance companies in Kentucky rely heavily on accident reports to assess fault. These reports provide detailed information about the circumstances of the accident, including the parties involved, the location, time, weather conditions, and witness statements.

The information in accident reports helps insurers determine liability, which is essential for processing claims. Determining who is at fault affects the compensation for damages, medical expenses, and other related costs.

Accurate and comprehensive accident reports also expedite the claim process, which ensures insurance companies have all the necessary information to make informed decisions about coverage and compensation.

In cases involving severe injuries or disputed incident accounts, accident reports are indispensable in litigation. They provide a foundation for establishing the facts and context of the accident, aiding attorneys and courts in pursuing fair resolutions.

Accident reports can serve as critical evidence in court, helping to establish the sequence of events, the actions of the involved parties, and any contributing factors such as road conditions or traffic violations.

What Should Drivers Know about Traffic-Related Arrests in Kentucky?

In Kentucky, drivers may face arrest for various traffic offenses, including reckless driving, DUI, and driving with a suspended license. These arrests often stem from routine traffic stops where law enforcement officers observe violations or suspicious behavior.

During Traffic Stops

Officers may employ field sobriety tests to assess a driver's impairment. They can also request breathalyzer samples to measure blood alcohol content or gather evidence, such as witness statements or video footage, to establish probable cause for an arrest.

Drivers who are arrested have certain rights, including the right to remain silent to avoid self-incrimination and the right to request legal counsel. They should also be informed of the charges against them.

Following an arrest, drivers in Kentucky may face several legal consequences. These consequences can include the following:

• Criminal charges
• Fines
• Suspension or revocation of driving privileges
• Probation with specific conditions
• Mandatory education or treatment programs
• Potential incarceration, particularly for serious offenses

Additional Impacts

Beyond the legal ramifications, an arrest can also cause emotional stress, strain on personal relationships, and reputational damage. Given these severe impacts, drivers must seek guidance from experienced criminal defense attorneys.

Legal professionals can help navigate court proceedings, protect drivers' rights, and work towards achieving the best possible outcomes in traffic-related cases.