Denial or Suspension of an Operator's License
There are a few reasons that you may be denied am operator's license or have your license taken away in Kentucky. In this section, I will discuss a few of those scenarios.
The Department of Motor Vehicles (DMV) has a right to revoke the privileges, deny a license, or suspend a person's right to operate a motor vehicle within the Commonwealth of Kentucky if the person is an out-of-state resident if it determines that:
1) The person has committed any of the following offenses: (KRS 186.560(1))
a) Murder or manslaughter resulting from the operation of a motor vehicle;
b) Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one's driving ability;
c) Perjury or the making of a false affidavit under KRS 186.400 to 186.640 or any law requiring the registration of motor vehicles or regulating their operation on highways;
d) Any felony in the commission of which a motor vehicle is used;
e) Conviction or forfeiture of bail upon three (3) charges of reckless driving within the preceding twelve (12) months;
f) Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident;
g) Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years;
h) Failure to have in full force and effect the security required by Subtitle 39 of KRS Chapter 304 upon conviction of a second and each subsequent offense within any five (5) year period;
i) Conviction for fraudulent use of a driver's license or use of a fraudulent driver's license to purchase or attempt to purchase alcoholic beverages, as defined in KRS 241.010, in violation of KRS 244.085(4);
j) Conviction of operating a motor vehicle, motorcycle, or moped without an operator's license as required by KRS 186.410; and
k) If the person is found incompetent to stand trial.
2) That person has, by reckless or unlawful operation of a motor vehicle, caused, or contributed to an accident resulting in death or injury or serious property damage.
3) That person has a mental or physical disability that makes it unsafe for him to drive upon the highways. The Transportation Cabinet shall, by administrative regulations promulgated pursuant to KRS Chapter 13A, establish a medical review board to provide technical assistance in the review of the driving ability of these persons. The board shall consist of licensed medical and rehabilitation specialists.
4) That person is an habitually reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws.
5) That person has been issued a license without making proper application for it, as provided in KRS 186.412 and administrative regulations promulgated pursuant to KRS Chapter 13A.
6) That person has presented false or misleading information as to the person's residency, citizenship, religious convictions, or immigration status.
7) A person required by KRS 186.635 to take an examination has been issued a license without first having passed the examination.
8) That person has been convicted of assault and battery resulting from the operation of a motor vehicle.
9) That person has failed to appear pursuant to a citation or summons issued by a law enforcement officer of this Commonwealth or any other jurisdiction.
10) That person has failed to appear pursuant to an order by the court to produce proof of security required by KRS 304.39-010 and a receipt showing that a premium for a minimum policy period of six (6) months has been paid.
11) That person is a habitual violator of KRS 304.39-080. For purposes of this section, a "habitual violator" shall mean any person who has operated a motor vehicle without security on the motor vehicle as required by Subtitle 39 of this chapter three (3) or more times within a five (5) year period, in violation of KRS 304.99-060(2).
All of this information is found in KRS 186.570(1)
The DMV also will deny a license or suspend the license of an operator of a motor vehicle upon receiving written notification from the Cabinet for Health and Family Services (CHFS) that the person has a child support arrearage which equals or exceeds the cumulative amount which would be owed after six (6) months of nonpayment or failure, after receiving appropriate notice, to comply with a
subpoena or warrant relating to paternity or child support proceedings. The suspension will continue until the arrearages are caught up and paid. KRS 186.570(2).
If you or a loved one has been charged with using a mobile device while operating a motor vehicle, whether commercial or not, you need competent and experienced counsel to help you with your case. Do not delay, call Larry Forman today.