Traffic Offenses

KENTUCKY LAW ON A MOVING VIOLATION OR TRAFFIC RELATED OFFENSE AND DEGREES OF A MOVING VIOLATION OR TRAFFIC RELATED OFFENSE – AND PENALTIES

Most moving violations and traffic related offenses do not constitute crimes and therefore subject the accused to only a citation and a fine, not to misdemeanor or felony sanctions. The following are those violations and offenses that do carry misdemeanor or felony sanctions. 

Failure to cede the right of way to emergency vehicles, blocking or following to closely behind emergency vehicles, and driving over unprotected fire hoses are prohibited by Kentucky Revised Statutes Section 189.930. 

A violation under this statute is a Class B misdemeanor and carries up to 30 days incarceration and a fine of between $60 and $500. A minimum of 4 points will be assessed against any person convicted.

Interfering with the of the right of way of a funeral procession is prohibited by KRS §189.378, unless the failure is authorized by a police officer or safety officer, or the vehicle is an emergency vehicle. 

A violation under this statute is a class B misdemeanor, carrying a penalty of up to 90 days incarceration and a fine of $250. A minimum of 3 points will be assessed against any person convicted. 

Passing a stopped school bus or church bus from any direction is prohibited by KRS §189.370 when that school bus is stopped for the purpose of receiving or discharging passengers and its stop arm and signal lights are activated. However, a driver may pass a stopped school bus while driving on a highway of four lanes or more. 

A violation of this statute is a Class B misdemeanor, carrying a penalty of between 20- and 60-days’ incarceration and/or a fine of between $100 and $200. There are increasing incarceration penalties and fines for subsequent offenses within three years. A minimum of 6 points will be assessed against any person convicted. 

Knowingly or wantonly disregarding a visual or audible signal from an officer directing traffic in a way that interferes with or endangers the traffic officers, other vehicles, or pedestrians, is prohibited by KRS §189.393. 

A violation of this statute is usually a Class B misdemeanor and therefore punishable by up to 90 days incarceration and a fine of $250. However, if the violation is committed by a person fleeing the commission of a felony who has been convicted of that felony, then the violation is a Class A misdemeanor. In that case, the penalty will be up to 12 months incarceration and a fine of $500.  

Failing to immediately stop and ascertain the extent of injury or damage and render reasonable assistance when involved in a motor vehicle accident that results in injury or death to a person or damage to a vehicle or property driven by another person is prohibited by KRS §189.580(1)(a). This is otherwise known as fleeing the scene of an accident. 

Violation of this section and paragraph is a class A misdemeanor and therefore is punishable by up to 12 months incarceration and/or a fine of between $20 and $2000. However, if the accident involved the death or serious physical injury of a person and the person leaving the scene knew or should have known that, then the violation is a Class D felony. In that case, the penalty will be between 1- and 5-years’ incarceration. 

Driving without a license is prohibited by KRS §186.410 and KRS §186.4101. 

Violation of §186.410 is a Class B misdemeanor and is therefore punishable by up to 90 days incarceration and/or a fine of $250. 

In a number of license-related infractions, it is a defense that the person forgot their license, or lost or misplaced their license, if that person can show that they were indeed licensed at the time that the citation was issued. 

Fleeing or evading police (motor vehicle) is prohibited by KRS §520.100. there are two degrees. Second degree fleeing or evading under this statute occurs when a person (1) operates a motor vehicle, (2) with intent, (4) knowingly or wantonly disobeying a recognized direction to stop his vehicle (5) given by a person recognized to be a police officer. This offense is raised to the level of first degree fleeing and evading when the accused is either: (a) fleeing immediately after committing an act of domestic violence, (b) driving under the influence of alcohol or any other substance, (c) driving on a suspended license, or (d) causes or creates a substantial risk of serious physical injury or death to any person or property. 

First degree fleeing and evading is a Class D felony and is therefore punishable by 1 to 5 years’ incarceration and a fine of between $1,000 and $10,000. 

Second degree fleeing and evading is a Class A misdemeanor and is therefore punishable by up to 12 months’ incarceration and/or a fine of $500. 

Speeding alone is a violation, and therefore is subject to a fine of between $10 and $100 and between 0 and 6 points assessed to the operator’s license, depending on the severity of the infraction. However, speeding may be accompanied by other crimes, such as reckless driving and wanton endangerment. 

Reckless driving, or the requirement to drive safely under KRS §189.290, occurs when the operator of a vehicle fails to drive in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles on the highway; or when the operator of a vehicle willfully operates the vehicle in a way that is likely to injure the highway. A violation of this statute is frequently charged together with driving erratically or driving more than 15 mph over the speed limit, for example. The penalty usually involves a fee between $20 and $100, depending on the number of convictions within a 12-month period. 

Wanton endangerment, defined in KRS §508.070, can also be charged along with speeding or other dangerous driving behavior, as well as being a stand-alone charge. There are two degrees of wanton endangerment. Second degree wanton endangerment occurs when a person wantonly engages in conduct which creates a substantial danger of physical injury to another person. First degree wanton endangerment occurs under circumstances showing that the person the person manifests extreme indifference to the value of human life and engages in conduct which creates a substantial danger of death or serious physical injury to another person. 

First degree wanton endangerment is a Class D felony and therefore carries a penalty of between 1 to five years’ incarceration and a fine of between $1,000 and $10,000. 

Second degree wanton endangerment is a Class A misdemeanor and therefore carries a penalty of up to 12 months’ incarceration and/or a fine of $500.