Traffic and Motor Vehicle Offenses

A traffic conviction impacts a driver’s record in a variety of ways. For adult, non-commercial drivers:
  1. Traffic-Related Court Records – A conviction remains part of the driver’s record for 5 years from the date of conviction. The 5-year driving record is used by law enforcement, courts, and government agencies.
  2. Publically-Available Driving History Records – Any person may request the driving history record of a Kentucky driver for only $5. The Transportation Cabinet provides the most recent 3-year driving history record when such a request is made.
  3. Points (for License Suspension Purposes) – Points remain on a driver’s license for 2 years from the date of conviction. Accumulation of 12 points within these 2 years may lead to license suspension.
  4. Points (for Auto Insurance Purposes) – Once assessed, points immediately impact most drivers’ auto insurance rates. It is common to see increased insurance rates for 3 years.

The particular terms of the suspension or revocation may differ as to the designated time period for which a driver may not drive, what fee must be paid to regain eligibility, and what conditions the driver must fulfill before he or she may be eligible to drive again. However, revocation of a driver’s license generally requires that the individual reapply for a new license and retake the driver’s license examination, whereas a driver need not complete such tasks if his or her license is merely suspended.

A Kentucky attorney cannot help you with traffic violations occurring outside of Kentucky. However, Kentucky law is settled on what affect there will be on the driver.

Kentucky is a member of both of the major interstate driving compacts – the Driver’s License Compact (DLC) and the Non-Resident Violator Compact (NRVC) – in which states share information on traffic convictions. If you pay the fine and/or court costs for the out-of-state ticket or are otherwise found guilty, you will receive the same amount of points on your license you would have received had the offense been committed in Kentucky. Upon accumulating 12 points within 2 years, a driver’s license may be suspended. In addition, if you are found guilty but fail to pay the fine and/or court costs in the other state, your Kentucky license may be suspended. However, points will not be assessed and a license will not be suspended for speeding convictions. KRS 186.570(6).

A driver wishing to determine his or her options concerning an out-of-state traffic ticket should consult with an attorney proficient in traffic and motor vehicle laws in the ticketing state, especially one who practices in the county of the violation.

Aside from the different laws applicable to driver’s licenses and instructional permits, the main ways Kentucky traffic laws differ for adults and minors pertain to the driver point system and distracted driving laws.

A person under age 18 who accumulates 7 or more points on his or her license may face license suspension. KRS 186.450(8). An adult faces suspension only on the accumulation of 12 or more points. See the Kentucky Driver Point System.

A person under age 18 cannot use cell phones (or other “personal communication devices”) while driving a moving vehicle except to summon medical help or law enforcement in an emergency situation. KRS 189.294(2). A minor also is prohibited from entering information into a GPS device while driving a moving vehicle. KRS 189.294(3).

While classified as a misdemeanor in many states, reckless driving is merely classified as a violation in Kentucky. The legal basis for a reckless driving charge is KRS 189.290 and its penalty is found at KRS 189.990(1). The penalty is a fine of $20 - $100 and 4 points are added to the driver’s record.

  1. Kentucky Transportation Cabinet – Driver Licensing
  2. Driving Testing Manuals (Driver, Motorcycle, Commercial Driver)
  3. Driver Licensing Field Offices
  4. National Highway Traffic Safety Administration