189A.240 Judicial review of pretrial license suspension for repeat offender. In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the <br>court determines by a preponderance of the evidence that: <br>(1) The person was charged and arrested by a peace officer with a violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) as charged; and (4) The person has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his motor vehicle operator's license suspended or <br>revoked on one (1) or more occasions for refusing to take an alcohol concentration <br>or substance test, in the five (5) year period immediately preceding his arrest, then <br>the court shall continue to suspend the person's operator's license or privilege to <br>operate a motor vehicle. The provisions of this section shall not be construed as <br>limiting the person's ability to challenge any prior convictions or license <br>suspensions or refusals. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. -- Amended 1996 Ky. <br>Acts ch. 198, sec. 15, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) <br>Ky. Acts ch. 15, sec. 12, effective July 1, 1991.
189A.240 Judicial review of pretrial license suspension for repeat offender. In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the <br>court determines by a preponderance of the evidence that: <br>(1) The person was charged and arrested by a peace officer with a violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) as charged; and (4) The person has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his motor vehicle operator's license suspended or <br>revoked on one (1) or more occasions for refusing to take an alcohol concentration <br>or substance test, in the five (5) year period immediately preceding his arrest, then <br>the court shall continue to suspend the person's operator's license or privilege to <br>operate a motor vehicle. The provisions of this section shall not be construed as <br>limiting the person's ability to challenge any prior convictions or license <br>suspensions or refusals. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. -- Amended 1996 Ky. <br>Acts ch. 198, sec. 15, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) <br>Ky. Acts ch. 15, sec. 12, effective July 1, 1991.
189A.240 Judicial review of pretrial license suspension for repeat offender. In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the <br>court determines by a preponderance of the evidence that: <br>(1) The person was charged and arrested by a peace officer with a violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) as charged; and (4) The person has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his motor vehicle operator's license suspended or <br>revoked on one (1) or more occasions for refusing to take an alcohol concentration <br>or substance test, in the five (5) year period immediately preceding his arrest, then <br>the court shall continue to suspend the person's operator's license or privilege to <br>operate a motor vehicle. The provisions of this section shall not be construed as <br>limiting the person's ability to challenge any prior convictions or license <br>suspensions or refusals. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. -- Amended 1996 Ky. <br>Acts ch. 198, sec. 15, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) <br>Ky. Acts ch. 15, sec. 12, effective July 1, 1991.
