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Current as of January 01, 2021 | Updated by FindLaw Staff
In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test under KRS 189A.200(1)(a), if the court determines, by the preponderance of the evidence, that:
(1) The person was charged and arrested by a peace officer with violation of KRS 189A.010(1);
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1);
(3) The person was advised of the implied consent law pursuant to KRS 189A.105;
(4) The peace officer requested the person to take the test or tests pursuant to KRS 189A.103; and
(5) The person refused to take a test requested by a peace officer pursuant to KRS 189A.103;
then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XVI. Motor Vehicles § 189A.220.Judicial review of pretrial license suspension for test refusal - last updated January 01, 2021 | https://codes.findlaw.com/ky/title-xvi-motor-vehicles/ky-rev-st-sect-189a-220/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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