Ky. Cir. Ct. Clerks' Manual CITATIONS

15 CITATIONS

KRS 431.450

District Court Process Map

The circuit clerk has a statutory duty to "maintain a system of accountability for all citations issued

... to assure that citations are not wrongfully destroyed, tampered with, or otherwise compromised

in any manner." KRS 431.450(3).

 eCitation

 Transmittal Log

 Pre-payable Citations

 Court Appearance Citations

 Fish/Wildlife Citations

 Court Costs, Fees, and Fines

 DUI Citations

 CDL Citations

 Motor Carrier Citations

15.1 eCitation

Citations are generated electronically through a program known as eCitation. Law

enforcement officials will enter the citation/offense information into the eCitation program

which will then be available for the clerk’s office to retrieve electronically.

 Pre-payable and Court Appearance Citations (KRS 431.450, KRS 431.452) may be

electronically processed. Refer to the Pre-payable and Court Appearance Citations sections

in this chapter and the eCitation User Guide for additional information.

 Citations issued for a service of a warrant or a summons must be processed manually.

CITATIONS

NOTES:

• Do not open a case file on a citation with a UOR code for serving a Quick Reference

warrant or summons.

• If a copy of a citation is received by the clerk prior to the original Add date and

citation being submitted to your office (outside of eCitation); create a initials

case in the case management system utilizing the copy. When the

original citation is received by the court and you attempt to add the BEST PRACTICE:

case using citation entry, a message will display indicating that the When possible

citation has already been utilized and provide the case number always create a

associated with that citation number. When the original citation is case using the

received, stamp it filed; add the date and your initials. Place the original citation.

original in the case file. Creating a case

• If a prepayable offense is cited with a non-prepayable offense, the from a copy should

officer will cite the violator to court. If the judge dismisses the non- only be done when

prepayable offense PRIOR to the court date listed on the citation, the absolutely

prepayable offense may be prepaid and the violator is not required to necessary.

appear in court.

• eCitation will add the case to the case management system

generating the next case number in the computer for Traffic (TR), or

Misdemeanor (MI), or Felony (FE) cases.

CASE TYPE:

• When processing a citation, if the officer has submitted an incorrect Traffic- TR

court date, you must correct the date after citation processing by Misdemeanor- MI

retrieving the case in KYCourts and updating the scheduled events Felony- FE

screen. If a clerk must assign or correct a court date and time, the

clerk must issue a court notice to the defendant of the correct court

event.

15.1.1 Transmittal Log

A transmittal log must be printed each day from eCitations indicating all

transmitted and processed citations. This is in accordance with KRS

431.455(2), which requires peace officers or other persons to whom uniform

citations are distributed to properly account for citations issued and

transmitted.

File, date, initial

1. Apply the FILED stamp to the transmittal list; add the date and your

initials.

2. File in a master file.

3. Check the citations against the transmittal list. If there are any

discrepancies, report them to the law enforcement agency involved. If you

have reason to believe that citations are reported inaccurately, report the

problem to Legal Services at the Administrative Office of the Courts.

CITATIONS

15.2 Manual Processing

Cases may be opened by completing the Citation Entry screen in KyCourts when a case

cannot be processed electronically using the eCitation program.

1. Apply the FILED stamp to the citation; add the date and your initials. Quick Reference

2. Open the case by completing the Citation Entry Screen(s). File, date, initial

3. If the case is prepayable, check the prepayable box. Traffic- T

4. Enter the complaining witness in the Person # field. Misdemeanor- M

Felony F

5. Complete the Scheduled Events portion:

• Event Type - ARR Arraignment; Event type ARR

• Court date - Enter the date shown on the citation;

• Judge - NA Not Applicable;

• Court Time - Arraignment Time

(NOTE: If prepayable, you may set the scheduled time for an

“off-time” in order that the prepayable calendar will print

separately from court appearance cases);

• Court Code - Courtroom number, if applicable.

6. Generate the next case number in the computer for Traffic (T), Felony (F), Generate the next

or Misdemeanor (M) Cases. T, F, or M case

NOTE: Open one case file and assign one case number when two or more

offenses, whether felonies, misdemeanors, violations, or any combination

thereof, are charged in the same or related indictment, information,

served criminal complaint or citation, where the offenses are of the same

or similar character or are based on the same acts or transactions

connected together or constituting parts of a common plan or scheme. See

Uniform Case Management Standards.

NOTE: If offenses are mixed in nature on a district court criminal

complaint, i.e., felonies, misdemeanors and/or traffic charges in some

combination, the case type assigned will be that of the most serious

offense. For exceptions see: Case Numbering.

15.2.1 Mental Health Citation

Do not open a case file if you receive a citation charging a defendant with:

UOR Code 030040, 60/360 Day Involuntary Hospitalization of Mentally Ill Person; or

UOR Code 030050, Emergency Detention; or

UOR Code 030080, Involuntary Commitment of Individual with Alleged Intellectual

Disabilities

CITATIONS

Retain the citation by stapling it to the transmittal log submitted with the citation. If other

charges are listed on the citation, file and process the citation but do not complete a charge

screen for any charges with the codes listed herein. See Mental Health.

15.2.2 Senate Bill 71 Court-Ordered Treatment Violation

KRS 222.423

 If a resident of a treatment facility (substance use disorder program) that is required by

court order to attend the treatment facility leaves the facility prior to court approval or prior

to completing the conditions of the court order, the treatment facility shall notify the court

if permitted by federal and state confidentiality and privacy laws.

 A probation or peace officer, acting on the information provided by a treatment facility who

observes the resident violate the terms of his or her probation, conditional discharge,

release or violate the terms of any court order may arrest the resident without a warrant

and incarcerate the resident until the judge who made the initial court order holds a

hearing.

 If you receive notice that the respondent has failed to comply with the court’s order, deliver

the case file to the judge.

NOTE: Do not open a case file if you receive notification of resident leaving a treatment

facility.

15.3 Payment of Pre-Payable Citation

KRS 431.452 and KRS Chapters 150, 177, 189, 235, 281.

 For any violation shown on the pre-payable chart (speeding 1 to 25 mph over the limit), the

defendant may elect to pay the fine, court costs and applicable fees as set out in Accounting

Manual, to the circuit clerk before the date of his/her trial or be tried in the normal manner.

Payment of the fine and court costs to the clerk shall be considered a plea of guilty for all

purposes. KRS 24A.175(1); KRS 24A.185.

NOTE: Citations issued to a defendant under the age of 18 per the charge date are NOT

prepayable and will be cited to court. See Section Traffic Citations to Minors.

Payment is due before the court date shown on the citation. KRS 431.452(3)(c).

See Pre-Payable Fine Chart.

1. Collect the fine, court costs and applicable fees as set out in the Accounting Manual and

give a receipt. See Court Costs, Fees, and Fines.

2. When payment is made, close the Charge screen by completing:

• Disposition Date - Payment Date;

• Disposition TPE - PRPD Prepayable Citation Paid;

• Disposition Judge - NA Not Applicable;

• Trial Type - N No Trial

CITATIONS

NOTE: Refer to the KyCourts Manual for instructions on closing charges using the counter

screen.

3. See charge dispositions reportable to Division of Driver Licensing. Also see Reporting

Convictions in this manual.

4. Complete a sentence screen by entering the Sentence Date, Judge as N/A Not Applicable

and the amount of the fine and costs, and any other sentence details, e.g., STS.

5. When all charge dispositions in the case have been completed, the system will close the

case screen by completing the Disposition Date and Judge at Disposition.

15.4 Prepayable Fine Chart

Speeding Prepayables:

• Speeding fines in violation of KRS 189.390: Click here.

• To view UOR Codes for Prepayable Speeding Offenses: see UOR Codes.

• If the violation is in a highway work zone area, the fine amount is $500.

NOTE: If the work zone violation includes injury or death the charge is not prepayable.

• For speeding 21 to 25 mph over the limit in a 55 mph or greater speed zone, the

prepayable fine shall be sixty dollars ($60).

Prepayable Overweight Offenses

• When the excess load is 5000 lbs. or less, the fine is $.02 per pound for each pound

for excess load. KRS 189.990(2).

• When the excess load is over 5000 lbs., the statute provides that the fine is $.02 per

pound for each pound of excess load BUT the fine imposed must not be less than

one hundred dollars ($100) or more than five hundred dollars ($500), i.e. between

$100 to $500. Because an offender only has to pay the minimum fine amount if

he/she chooses to prepay, the fine amount is $100 for an overweight violation of

more than 5000 lbs. KRS 189.990(2).

• To view Prepayable Overweight Offenses: See UOR Codes.

Other Prepayables and Clerk Calculated Pre-Payables:

NOTE: In addition to the fine indicated, collect court costs and applicable fees as set out in

the Accounting Manual and give a receipt. KRS 24A.175(1); KRS 24A.185(1),(3).

15.5 Parking Violations

There are no costs on a prepaid parking citation when:

• The offender does not request a hearing and the fine is paid before the court date;

and

CITATIONS

• The citation does not involve parking in a fire lane or blocking the travel portion of

the highway. KRS 24A.175(2).

15.6 Seat Belt Violations

There are no court costs on a citation for seat belt/Off Highway Vehicle Violations, whether

prepaid or by court appearance, unless it is cited with another offense for which court

costs are applicable. KRS 189.990(25),(31)

15.7 Booster Seat Violations

There are no court costs on a citation for a booster seat, whether prepaid or by court

appearance, unless it is cited with another offense for which court costs are applicable.

KRS 189.990(25). A person who has not been previously charged with a violation of KRS

189.125(3)(b) may elect to acquire a booster seat. Upon presentation of sufficient proof of

the acquisition, the charge shall be dismissed and no fees or costs shall be imposed.

15.8 KRS 189.580(1)(b) or 6(b) Offenses

There is no fine or court cost on a citation for offenses under KRS 189.580(1)(b) or (6)(b)

for Duty in case of accident/Movement of vehicle from roadway after accident/ Removal

of vehicles obstructing roadway. KRS 189.993(12).

CITATIONS

15.9 Prepayable Citations Not Paid By Court Date

1. When a prepayable traffic citation is not paid before the court date the

defendant must appear in court. Quick Reference

2. Follow the judge’s calendar order. When a signed calendar is received, it is

an order or judgment for each case listed. CR 58. Apply the ENTERED

stamp; add the date and your initials. Enter, date, initial

NOTE: Notice of entry of judgment is not required in traffic or

misdemeanor cases. RCr 12.06(3).

3. If the court establishes an installment plan for the offender, schedule a

show cause hearing using event type SCIP as ordered by the court. Apply

payments first to court costs, then to restitution, then to fees and finally to Event type SCIP

fines, unless otherwise ordered by the Court. Contact Court Services if you

receive a court order directing you to apply payments in a different

fashion.

4. If the defendant does not appear the court may issue a Failure to Appear.

Close the charge screen by completing the disposition date, disposition

type using FTA, disposition judge and trial type.

NOTE: An FTA disposition type will electronically notify the Kentucky

Department of Transportation Division of Drivers Licensing.

5. Upon receipt of payment of the fine and costs close the charge screen by

overlaying:

• Disposition Date - payment date;

• Disposition Type - PRPD Prepayable Citation Paid;

• Disposition Judge - NA Not Applicable;

• Trial Type - N No Trial

6. Upon payment and removal of the FTA disposition notification will be

electronically transmitted to DDL at the Kentucky Department of

Transportation. Click here for charge dispositions reportable to the

Division of Driver Licensing.

7. Complete a sentence screen by entering the sentence date, Judge as N/A

Not Applicable, the amount of the fine and costs and any other sentence

ordered by the Court, e.g., STS. See KyCourts Manual for assistance in

closing using Counter Screen.

8. When all charges in the case have been completed, the system will close

the case screen by completing the disposition date and judge at disposition fields.

9. If the defendant requests a court appearance, have your judge assign a court date (or

you may do so if your judge directs) and enter on a scheduled events screen. Notify the

defendant of the court date by court notice or summons as directed by your judge.

CITATIONS

15.9.1 Court Notice

1. Apply the FILED stamp to the court notice; add the date and your initials Quick Reference

and file on a document screen. Use document type NH. Deliver a copy of File, date, initial

the notice to the defendant. Document type NH

15.9.2 Summons

1. Generate a summons by completing the summons screen. Give to the sheriff or other

peace officer for service. Do not make a copy for the file, the officer's return will provide

a copy. When a return is received, enter the return information on the summons screen.

15.9.3 Judgment/Order

1. When a signed calendar is received, it is an order or judgment for each case listed. CR

58. Apply the ENTERED stamp; add the date and your initials. Notice of entry of

judgment is not required in traffic or misdemeanor cases. RCr 12.06(3).

2. When the calendar disposes of a charge, close the charge screen(s) by adding disposition

date, disposition type, judge, trial type, original plea and final plea fields.

3. See the Pleas section in this manual regarding criteria for entering court trial, jury trial,

and plea information in the charge screen.

4. If a sentence is imposed by the court, complete a Sentence Detail.

5. When all charge dispositions in the case have been completed, the system will close the

case screen by completing the Disposition Date and Judge at Disposition fields.

6. Place the original signed calendar in a master calendar file by date. It is not necessary to

place a copy of the calendar in the case file.

7. If ordered, collect the fine, court costs and applicable as set in the Accounting Manual,

and give a receipt. KRS 24A.175(1); KRS 24A.185(1),(3). See Court Costs, Fees, and Fines.

CITATIONS

15.9.4 Other Prepayables (Non-Traffic) Not Paid By Court Date:

1. Assign a court date as directed by your judge and enter on a scheduled

Quick Reference

events screen. Notify the defendant of the court date by court notice or

summons as directed by your judge.

Notice: Apply the FILED stamp to the notice; add the date and your File, date, initial

initials and file on a document screen. Use document type NH. Mail a Document type NH

copy of the notice to the defendant.

Summons: Generate a summons by completing a summons screen. Use

Summons type CR

summons type CR. Give to the sheriff or other peace officer for service.

Do not make a copy for the file, the officer's return will provide a copy.

When a return is received, enter the return information on the summons

screen.

2. When a signed calendar is received after the defendant’s court Enter, date, initial

appearance, it is an order or judgment for each case listed. CR 58. Apply

the ENTERED stamp; add the date and your initials. RCr 12.06(3). Enter

the information on the appropriate screen.

NOTE: Notice of entry of judgment is not required in traffic or

misdemeanor cases.

3. If a sentence is imposed by the court, complete a sentence screen.

4. When the calendar disposes of a charge, close the charge screen(s) by

adding disposition date, disposition type, judge, trial type, original plea and

final plea fields.

5. Refer to instructions in KyCourts Manual for charge dispositions reportable

to Division of Driver Licensing (DDL Requirements).

6. When all charge dispositions in the case have been completed, the system

will close the case screen by completing the disposition date and judge in

disposition fields.

7. Place the original signed calendar in a master calendar file by date. It is

not necessary to place a copy of the calendar in the case file.

8. If ordered, collect the fine, court costs and applicable fees as set out in the

Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3). See Court Costs, Fees, and Fines.

CITATIONS

15.10 Court Appearance Citations

KRS 431.450, KRS 431.452

15.10.1 Processing Court Appearance Citations

1. When a citation is received indicating a court appearance, schedule the

case for arraignment on the next available court date.

2. When a signed calendar is received, it is an order or judgment for each

case listed. Apply the ENTERED stamp; add the date and your initials. CR Enter, date, initial

58. Enter the information from the calendar on the appropriate screen.

NOTE: Notice of Entry of judgment is not required in traffic or

misdemeanor cases. RCr 12.06(3).

3. If the order or judgment imposes jail time, complete AOC Form 425, Order AOC Form 425

of Commitment and deliver to the transporting officer.

4. When the calendar disposes of a charge, close the charge screen by

completing the disposition date, disposition type, judge, trial type, original

plea and final plea fields.

5. Refer to instructions in KyCourts Manual for charge dispositions reportable

to Division of Driver Licensing (DDL Requirements).

6. If a sentence is imposed by the court, complete a sentence screen.

7. When all charges in the case have been completed, the system will close

the case screen by completing the disposition date and judge at disposition

fields.

8. Place the original calendar in a master calendar file by date. It is not

necessary to place a copy of the calendar in the case file.

9. If ordered, collect the fine, court costs and applicable fees as set out in the

Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3).

NOTE: If a speeding charge is in a school zone where flasher lights have

been installed and are flashing, the court will direct that the fine amount

listed on the chart, located in the prepayable section herein, be doubled.

10. If a defendant is convicted of a second or subsequent charge of "No

Insurance" (KRS 304.99-060), redocket the case for review in six (6) months

for additional proof of security and payment receipt. If the license is

suspended, copy the court calendar and mail to the Division of Drivers Licensing.

15.10.2 Traffic Citations Issued to a Minor

KRS 189.999

All offenses under KRS 189.999 transmitted for a defendant under the age of 18 as of the

charge date should be cited to court. The court shall not adjudicate a traffic violation

CITATIONS

involving a minor unless the person who assumed liability for the minor under the

provisions of KRS 186.590 is present. DO NOT accept prepayment prior to the court date.

1. Process a traffic citation issued to a minor the same as any other court appearance

citation.

2. If a parent/guardian fails to appear in court with the minor reschedule the event at the

court’s direction and mail a court notice to the parent/guardian of the minor; if the

identity is not known, send “To the Parent/Guardian of [minor’s name]” to the address

listed for the minor on the citation.

15.11 Fish & Wildlife Citations

 Any person who fails to appear pursuant to a citation or summons issued by a conservation

officer or peace officer of this Commonwealth for violation of KRS 150 or any administrative

regulation promulgated thereunder shall forfeit his or her license or, if that person is

license-exempt, shall forfeit the privilege to perform the acts authorized by the license. The

individual shall not be permitted to purchase another license or exercise the privileges

granted by a license until the citation or summons is resolved. The court shall notify the

department whenever a person has failed to appear pursuant to a citation or summons for a

violation of this chapter or any administrative regulation promulgated thereunder. KRS

150.990.

 Process Prepayable eCitations and Court Appearance Citations issued by a conservation or

peace officer for a violation of KRS Chapter 150 as indicated above.

 If a prepayable is not paid by the court date or the person fails to appear in your court

proceed as directed below in addition to any action ordered by the judge.

1. Photocopy the citation. The copy must be legible. Quick Reference

Mark FTA

2. Mark FTA on the face of the citation in red ink.

Department of Fish

3. Photocopy the marked copy of the citation. Retain this copy and file with and Wildlife

the original citation in the case file. Law Enforcement

4. Mail the marked copy to Department of Fish and Wildlife. Division

#1 Sportsman’s

5. Enter disposition information on the charge screen(s) using FTA Lane

disposition type. Frankfort, KY 40601

6. When the citation has been satisfied, retrieve the photocopy marked FTA

from the case file. Mark SATISFIED on the face of the photocopy in red Disposition type

ink. Mail the marked copy to the Department of Fish and Wildlife. FTA

Mark SATISFIED

15.12 Court Costs, Fees, and Fines

 Court costs, fees, and fines are not assessed unless there is a conviction. Absent a finding of

indigency, imposition of court costs is mandatory anytime there is a conviction.

 Court costs are based upon the charge date. Offenders will pay the court costs in effect on

the violation date shown on the citation plus library fee and court facilities fee, if applicable.

CITATIONS

Add to the end of second bullet: Refer questions about receipting court costs to Court

Services.

15.12.1 Initial Assessment and Setting Show Cause Date for Installment

Payments

1. If ordered, collect the fine, court costs and applicable fees as set out in the

Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3). Court costs are based upon the following:

• Offenders will pay the court costs in effect on the violation date

shown on the citation or indictment plus library fee and court facilities

fee, if applicable.

• Refer questions about receipting court costs to Court Services.

2. Apply payments first to court costs, then to restitution, then to fees and

finally to fines, unless otherwise ordered by the Court. Contact Court

Services if you receive a court order directing you to apply payments in a

different fashion.

3. If the court establishes an installment plan for the offender, schedule a

show cause hearing using scheduled event type SCIP as ordered by the Event type SCIP

court.

4. The defendant shall be given notice of the total amount due, the payment

frequency, and the date by which all payments must be made.

1. The notice shall instruct the defendant that if he or she has not complied

with the installment payment plan by the scheduled date, he or she shall

appear on that date to show cause as to why he/she is unable to satisfy the

obligations.

2. The notice shall be given to the defendant in writing on a form provided by

the AOC. Use AOC-465.1 (Fine & Cost List with Order to Show Cause For

Non-payment) or AOC 465.2 (Order for Deferred or Installment Payments or Courts, Fees,

and Fines with Show Cause Order).

15.12.2 Failure to Pay or Appear at Show Cause Hearing

 The response of a court to nonpayment shall be determined only after the court costs, fees,

or fines have not been paid and either a show cause hearing has been held, or the

defendant has failed to appear at the show cause hearing. Every warrant for arrest issued

shall include a notice to the jailer that the defendant shall be released upon payment or

completion of daily credit pursuant to KRS 534.070.

1. If defendant fails to appear at a show cause hearing, the judge may issue a warrant for

the defendant’s arrest.

2. If a bench warrant is issued, include in the Bail memo in KYCourts the total amount of

court costs, fees, and fines owed by defendant.

CITATIONS

15.12.3 Jail Credit

Defendants incarcerated for failure to pay court costs, fees, or fines (or for

failure to appear and show cause for nonpayment) are entitled to a jail credit

for time spent against the amount owed. Unless the defendant is incarcerated

pursuant to orders in other cases, upon service of sufficient days in jail to

have sufficient credit to satisfy the court costs, fees, or fines, the defendant

shall be released from jail.

Credit is applied by the jailer at the following rates for each day spent in jail:

• $50 per day if no community service is performed

• $100 per day if (8) eight hours of community service is performed

• 1/8 of $100 for each hour worked

NOTE: The jailer is responsible for tracking the amount of credit the

defendant has earned and filing the AOC 426 (Notice of Jail Credit).

1. Upon receipt from the jailer of AOC 426 (Notice of Jail Credit), apply the AOC Form 426

FILED stamp, add the date and your initials. File, date, initial

2. File on a document screen using document code NJC. Enter the amount Document code

of credit earned in the box provided. Refer to the Jail Credit section in the NJC

Accounting Manual for information about applying the credit.

15.13 DUI Citations

When DUI Citations are received in District Court (KRS 189A):

1. Apply the FILED stamp to the citation; add the date and your initials. File, date, initial

Refer to Case Add section of KYCourts Manual. Generate the next case Traffic- T

number in the computer for Traffic (T), or Felony (F) cases. Felony- F

NOTE: Open one (1) case file and assign one (1) case number when two (2)

or more offenses, whether felonies, misdemeanors, violations, or any

combination thereof, are charged in the same or related indictment,

information, served criminal complaint or citation, where the offenses are

of the same or similar character or are based on the same acts or

transactions connected together or constituting parts of a common plan or

scheme.

NOTE: If offenses are mixed in nature on a district court criminal

complaint, i.e., felonies, misdemeanors and/or traffic charges in some

combination, the case type assigned will be that of the most serious

offense. For exceptions see: Case Numbering.

2. When a citation is received wherein a defendant is charged with a second

or subsequent DUI, a Request for a Vehicle Registration Inventory must be

emailed to the Division of Motor Vehicle Licensing immediately to ensure

the defendant’s license plate registration information is available to the

Judge at the time of the defendant’s arraignment. See License Plate

Impoundment for more information.

CITATIONS

15.13.1 Driving History Record

The defendant's driving history record (DHR) must be provided to the judge at

Quick Reference

arraignment. KRS 189A.210. You may provide this or Pretrial Services will do it

for you. Apply the FILED stamp; add the date and your initials and file on a File, date, initial

document screen.

NOTE: To request a driving history record, include Name, DL or SSN, and DOB and email or

fax to: KYTC.DHR@ky.gov or 502-227-0779 (Fax) / 844-930-0102 (Fax inbox).

15.13.2 Blood Test Report

1. When the clerk receives the blood test report results (with the citation or

later,) complete a document screen using document type BTR and enter Document type BTR

the BA result in the field on the charge screen in KyCourts.

NOTE: If the defendant refused a chemical test enter BA Code 999. If a

blood test was administered enter BA Code 888. Leave the BA field blank if

a urine test was administered and memo “Urine Test” in the charge

screen.

15.13.3 Pretrial Suspension

Types:

• The defendant refused a chemical test or has had his/her license revoked or

suspended one (1) or more times in the ten (10) years before this arrest for refusing

a chemical test. KRS 189A.200(1)(a).

• This is the defendant's second or subsequent offense by having one (1) or more DUI

convictions in the ten (10) years before this arrest. KRS 189A.200(1)(b).

• Defendant was involved in an accident resulting in death or serious injury to person

other than the defendant. KRS 189A.200(1)(c).

License surrendering procedures:

• The court will Confiscate the license. KRS 189A.200(3), or

• Issue a duplicate license and confiscate. KRS 189A.200(3). The location code should

match the issuing location, but the issuing location will not match the address for an

out-of-county conviction.

Note: Confiscate the defendant's license after the court orders the suspension of

the defendant's license.

CITATIONS

Suspension Procedures:

1. If a person whose license has been suspended files a motion for judicial Quick Reference

review, calendar a license suspension review hearing within 30 days of the

filing of the defendant's motion by completing a scheduled events screen.

KRS 189A.200(2).

AOC Form 341

2. Complete the top half of AOC Form 341, Pretrial Suspension Order.

Enter, date, initial

3. Upon receipt of the signed order, apply the ENTERED stamp; add the date

IMPORTANT: Send

and your initials and enter on a document screen.

license or denial

4. Send license (or denial statement) and the form on a daily basis to Drivers statement and AOC

Licensing. Form 341 to DL

DAILY

NOTE: Form AOC-341 Pretrial Suspension of License Order can be emailed to

KYTC.CRVS@ky.gov and drivers license can be mailed to 200 Mero Street, 2nd Transportation

Floor Frankfort, KY 40622. An "S" should be placed on the license to signify Cabinet

suspension for the Department of Transportation. Division of Driver

Licensing

5. Complete a scheduled events screen, as ordered by the court, to

200 Mero St, 2nd

recalendar the case for the termination of the suspension order

Floor

(completion of bottom half of AOC Form 341).

Frankfort, KY 40622

15.13.4 Pretrial Ignition Interlock Application and Order

Note: For DUIs that occurred after 7/1/20, applications shall be filed with the Department of

Transportation. For DUIs that occurred prior to 7/1/20, follow the process below.

A person who is subject to pretrial suspension may make application to the court for

authorization to apply for an ignition interlock license and device.

1. Upon receipt of AOC Form 495.4 Pretrial Application for Authorization for

an Ignition Interlock License and Device apply the FILED stamp; add the File, date, initial

date and your initials. File on a document screen using document type Document type PAI

PAI.

Enter, date, initial

Note: An IID application may be made at arraignment or any time

thereafter.

2. Deliver the application to the judge or complete a scheduled event screen,

using your local protocol.

3. Upon receipt of a signed AOC Form 495.5 Pretrial Order Authorizing

Application for Ignition Interlock License and Device apply the ENTERED Document type POI

stamp; add the date and your initials. Enter on a document screen using AOC Form 495.5

document type POI.

4. Send the Order (AOC form 495.5) on a daily basis to Drivers Licensing.

CITATIONS

15.13.5 Pretrial Termination

1. When a termination of suspension is ordered, complete the bottom half of Quick Reference

AOC Form 341. Apply the ENTERED stamp; add the date and your initials Enter, date, initial

and enter on a document screen. Send termination of suspension orders

on a daily basis to the Division of Drivers Licensing. Suspension is

terminated as follows:

• By court order. KRS 189A.200(5)(6).

• If the suspension review hearing has not already expired;

unschedule/delete the event (using DELSCH in counter screen);

• When the court orders suspension terminated because case is not

concluded at the end of the times listed per the suspension order.

KRS 189A.200;

• When judgment of acquittal is entered (and if suspension is for

chemical test refusal), the suspension period has expired per KRS

189A.107. If the suspension review hearing has not already expired;

unschedule/delete the event (using DELSCH in counter screen);

NOTE: Even though acquitted, license of someone suspended for test

refusal will still be suspended for original suspension period. KRS

189A.107. KRS 189A.200.

• When judgment of conviction entered. Along with termination of

suspension order, send uniform citation with court disposition.

Remove suspension case from calendar if time listed in step (2) above Enter, date, initial

not expired. KRS 189A.200.

2. When a signed calendar is received, it is an order or judgment for each

case listed. CR 58. Apply the ENTERED stamp; add the date and your

initials.

Note: Notice of entry of judgment is not required in traffic or AOC Form 425

misdemeanor cases. Enter the information on the appropriate screens.

3. If the order or judgment imposes jail time, complete AOC Form 425, Order of

Commitment, and deliver to transporting officer.

15.13.6 DUI Charge Closing

To close a DUI Charge:

1. When the calendar disposes of a charge, close the charge screen by completing the

disposition date, disposition type, judge, trial type, original plea and final plea fields.

2. Click here for charge dispositions reportable to Division of Driver Licensing.

Charge Process Exception

Date

CITATIONS

Before Report conviction date to If sentencing does not occur at

7-1-20 Division of Driver Licensing at the time of finding of guilt or

time of sentencing. entry of guilty plea, refer to

KYCourts Manual for

instructions on deleting the

conviction report. When

sentencing occurs, enter the

length of time the defendant’s

operators’ license is

suspended/revoked. See

KYCourts Manual.

On or Report conviction date to

After Division of Drivers Licensing at

time of sentencing.

7-1-20

15.13.7 DUI Sentence

1. If a sentence is imposed by the court, complete a Sentence Detail.

2. When all charge dispositions in the case have been completed, the system will close

the case screen by completing the disposition date and judge at disposition fields.

3. If ordered, collect the fine, court costs and applicable fees in effect per the violation

date as set out in Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3).

CITATIONS

15.13.8 Not Guilty Disposition

Not Guilty Disposition. If the disposition is not guilty and a pretrial suspension Quick Reference

was ordered:

AOC Form 341

• Chemical Test Refusal. Do not complete or send termination of

suspension order (AOC Form 341) to Drivers Licensing.

• Subsequent offenders. Send termination of suspension order (AOC

Form 341) to Drivers Licensing.

Post-Acquittal Ignition Interlock Application & Order

NOTE: For DUIs that occurred after 7/1/20, applications shall be filed with the

Department of Transportation. For DUIs that occurred prior to 7/1/20, follow

the process below. File, date, initial

A defendant may apply for an ignition interlock license post-acquittal. Document type AAI

1. Upon receipt of AOC Form 495.10 Post-Acquittal Application for

Authorization to Apply for an Ignition Interlock License and Device, apply AOC Form 495.11

the FILED stamp; add the date and your initials. File on a document

screen using document type AAI. Enter, date, initial

Document type

2. Deliver the application to the judge or complete a scheduled event screen, OUAI

using your local protocol.

Transportation

3. Upon receipt of a signed AOC Form 495.11 Order Upon Acquittal Cabinet

Authorizing Ignition Interlock License and Device apply the ENTERED Division of Driver

stamp; add the date and your initials. Enter on a document screen using Licensing

document type OUAI. 200 Mero St, 2nd

4. Send the Order (AOC Form 495.11) on a daily basis to Drivers Licensing. Floor

Frankfort, KY 40622

CITATIONS

15.13.9 Disposition of Guilty

If the disposition is guilty (ADE) KRS 189A.040, 189A.045:

1. At sentencing, complete AOC Form 494, Notice to Attend Alcohol, Drug, AOC Form 494

Education Program, with program's name, address and phone number and

give a copy to the defendant. Apply FILED stamp; add date and your File, date, initial

initials. File on a document screen using document type NAT. Place the

original in the case jacket and send a copy, with copy of uniform citation, Document Type:

to the program administrator. NAT

2. Upon receipt of a notice that the defendant failed to enroll or dropped

out, calendar a show cause hearing on a scheduled events screen, for 20

days from receipt of notice. Notify defendant of court date. Add the

FILED stamp to the notice; add the date and your initials; file on a File, date, initial

document screen using document type NADE.

Document Type:

3. After the hearing, when an order is received, apply the ENTERED stamp; NADE

add the date and your initials. File on a document screen.

4. When notice is received that defendant has completed the program, apply Enter, date, initial

the FILED stamp; add the date and your initials. File on a document

screen using document type NOC and memo details.

File, date, initial

NOTE: In a DUI appeal, if the defendant's license has been mailed to the

Transportation Cabinet send a copy of the NOA to Division of Driver Document type

Licensing. See Appeals. NOC

CITATIONS

Operator’s License Surrender (Post-Judgment)

1. Every operator’s license suspended or revoked by the court shall be Quick Reference

surrendered to the court. If AOC Form 342, Confiscation Order for AOC Form 342

Operators’ License is received, apply the ENTERED stamp; add the date Enter, date, initial

and your initials. Enter on a document screen using document type OC. Document Type:

Give 2 copies to a peace officer for service on the defendant. When a OC

return is received, apply the FILED stamp to the return; add the date and

your initials. Enter the return date in the memo field of the document File, date, initial

screen where the Confiscation Order for Operators’ License is entered.

2. When you receive a surrendered or confiscated operator’s license, forward Transportation

immediately to the Transportation Cabinet. Cabinet

Division of Driver

Licensing

Ignition Interlock (Post-Judgment) 200 Mero St, 2nd

Floor

NOTE: For DUIs that occurred after 7/1/20, applications shall be filed with the Frankfort, KY 40622

Department of Transportation. For DUIs that occurred prior to 7/1/20, follow

the process below.

A defendant may apply for an ignition interlock license upon conviction.

1. Upon receipt of AOC Form 495.12 Application to Court Upon Conviction for AOC Form 495.12

Authorization to Apply for an Ignition Interlock apply the FILED Stamp;

add the date and your initials. File on a document screen using document File, date, initial

type ACI. Document type ACI

2. Deliver the application to the judge or complete a scheduled event screen,

using your local protocol.

3. Upon receipt of a signed AOC Form 495.13 Order Upon Conviction AOC Form 495.13

Authorizing Ignition Interlock License and Device apply the ENTERED Enter, date, initial

stamp; add the date and your initials. Enter on a document screen using Document type OCI

document type OCI. IMPORTANT: Send

4. Send the Order (AOC Form 495.13) on a daily basis to Drivers Licensing. Order to DOT

Division of DL

CITATIONS

15.13.10 Ignition Interlock Device (IID) Violations and Amendments

Notice of Violations

1. Upon receipt of a notice of an IID violation apply the FILED stamp; add File, date, initial

the date and your initials. File on a document screen using document type Document type NO

NO – Notice Other and memo IID Violation.

2. Calendar a show cause hearing on a scheduled events screen for the next

available hearing.

3. Notify the defendant of the court date.

4. Schedule periodic reporting of the operating status of the ignition interlock

device, as directed by the court, by completing a scheduled events screen.

Amendments

NOTE: For DUIs that occurred after 7/1/20, applications shall be filed with the

Department of Transportation. For DUIs that occurred prior to 7/1/20, follow

the process below. Enter, date, initial

1. Upon receipt of an AOC-495.9 (Order Amending Interlock License), or any Document type

other order changing the terms of a defendant’s ignition interlock license, OAIL

apply the ENTERED stamp; add the date and your initials. File on a

document screen using document type OAIL.

2. Send the Order on a daily basis to Drivers Licensing.

15.13.11 License Plate Impoundment

License Plate Impoundment Procedure Quick Reference

1. When a citation is received wherein a defendant is charged with a second Request for a

or subsequent DUI, a Request for a Vehicle Registration Inventory must be Vehicle Registration

emailed to the Division of Motor Vehicle Licensing immediately to ensure Inventory

the defendant’s license plate registration information is available to the

Judge at the time of the defendant’s arraignment.

NOTE: The email is kytcmvlhelpdesk@ky.gov and is shown on the Request

for Vehicle Registration Inventory Form. Print the form and complete Email:

requested information. The judge will designate who will be responsible kytcmvlhelpdesk@k

for emailing the request for the Vehicle Registration Inventory. This may y.gov

be the judge’s secretary, a pretrial release officer, the circuit clerk or any

other designee. It is important that you meet with your judge to establish

this procedure.

File, date, initial

2. When the emailed Vehicle Registration Inventory is received, apply the

Document type

FILED stamp; add the date and your initials. File on a document screen

VEHICLE

using VEHICLE.

3. When you receive AOC Form 495.2, Order Requiring Impoundment of

License Plate(s), apply the ENTERED stamp; add the date and your initials

Enter, date, initial

Document type

ORIL

CITATIONS

and enter on a document screen using document type ORIL. Distribute the order

according to the list at the bottom of the order.

4. If the order specifies a date by which the license plate(s) must be surrendered, complete

a scheduled events screen. Use Scheduled event type: REV and Memo: PLATE

IMPOUNDMENT.

5. Immediately transmit a copy of the Order Requiring License Plate Kentucky

Impoundment together with a copy of the Vehicle Registration Inventory Transportation

to Kentucky Transportation Cabinet. Cabinet

Division of Motor

Vehicle Licensing

Return of license plate when an application for authorization to apply for an 200 Mero St, W2-ignition interlock license and device is granted at the same time the license 05-02

plate is ordered impounded. Frankfort, KY 40601

Note the receipt of

NOTE: For DUIs that occurred after 7/1/20, applications shall be filed with the the plate by

Department of Transportation. For DUIs that occurred prior to 7/1/20, follow entering the license

the process below. plate number in the

1. If an application for an ignition interlock license and device is granted by memo field of the

the judge at the same time license plate impoundment is ordered, there is document screen

no need for the license plate to be surrendered to the court. where the Order

Requiring License

2. If an impounded license plate has been surrendered to the court and the Impoundment is

order of impoundment has not been forwarded to Motor Vehicle Licensing entered.

at the time the application is granted, give the plate to the defendant.

Note the return of the plate in the memo box on the document screen for

the order requiring impoundment of license plate(s).

3. Once the order of impoundment has been sent to Motor Vehicle Licensing,

the defendant must go to the county clerk’s office to reinstate the

registration.

4. When a license plate is received, note the receipt of the plate by entering the license

plate number in the memo field of the document screen where the Order Requiring

License Impoundment is entered.

CITATIONS

Return of license plate when a hardship registration is granted at the same

time the license plate is ordered impounded. Quick Reference

Note the receipt of

NOTE: For DUIs that occurred after 7/1/20, applications shall be filed with the the plate by

Department of Transportation. For DUIs that occurred prior to 7/1/20, follow entering the license

the process below. plate number in the

1. If a hardship license registration is granted by the judge at the same time memo field of the

license plate impoundment is ordered, there is no need for the license document screen

plate to be surrendered to the court. where the Order

Requiring License

2. If an impounded license plate has been surrendered to the court and the Impoundment is

order of impoundment has not been forwarded to Motor Vehicle Licensing entered.

at the time the hardship registration is granted, give the plate to the

hardship registration recipient. Note the return of the plate in the memo

box on the document screen for the order requiring impoundment of

license plate(s).

3. Once the order of impoundment has been sent to Motor Vehicle Licensing,

the hardship registration recipient must go to the county clerk’s office to

reinstate the registration.

4. When a license plate is received, note the receipt of the plate by entering the license

plate number in the memo field of the document screen where the Order Requiring

License Impoundment is entered.

CITATIONS

15.13.12 Handling of Surrendered Plates

1. At your convenience, but at least once a week, forward surrendered

plate(s) to: Kentucky Transportation Cabinet. Quick Reference

Kentucky

2. Use these guidelines to determine the method of transmittal: Transportation

• If you are transmitting less than ten (10) license plates, package the Cabinet

plate(s) together with a copy of the Vehicle Registration Inventory Division of Motor

Forms and Orders Requiring License Plate Impoundment for each Vehicle Licensing

plate forwarded. Attach a pre-addressed business reply label 200 Mero St, W2-furnished by Motor Vehicle Licensing. 05-02

Frankfort, KY 40601

• If you are transmitting ten (10) or more license plates, and you have a 502-564-5301

United Parcel Service (UPS) daily account, package the plates as for

any other UPS shipment. Include in the package a copy of the Vehicle

Registration Inventory Form and Order Requiring License Plate

Impoundment for each plate forwarded. Select freight collect -

ground delivery and use Motor Vehicle Licensing Account No. E1393E.

• If you are transmitting ten (10) or more license plates, and do not

have a United Parcel Service (UPS) daily account, call Motor Vehicle

Licensing at (502) 564-5301, for mailing instructions. Include in the

mailing a copy of the Vehicle Registration Inventory Form and Order

Requiring License Plate Impoundment for each plate forwarded.

3. If the defendant fails to surrender all the license plate(s) listed on the

Vehicle Registration Inventory from Transportation by the time specified in

the Order Requiring License Plate Impoundment, schedule a show cause

hearing, as directed by the court, by completing a scheduled events

screen.

o Upon receipt of AOC Form 342, Confiscation Order for License

Plates(s) is received, apply the ENTERED stamp; add the date and

your initials. Enter on a document screen using document type

Enter, date, initial

OC. Give two (2) copies to a peace officer for service on the

File, date, initial

defendant. When a return is received, apply the FILED stamp to

the return; add the date and your initials. Enter the return date in

the memo field of the document screen where the Confiscation

Order for License Plate(s) is entered.

o When you receive a confiscated License Plate(s), forward immediately to the

Transportation Cabinet.

CITATIONS

15.13.13 Hardship Vehicle Registration

When AOC Form 495.3, Application and Order for Hardship Vehicle

Registration is received: Quick Reference

AOC Form 495.3

1. Apply the FILED stamp to the application; add the date and your initials.

File, date, initial

File on a document screen using document type AH in the same case as

underlying charge(s). Do not collect a filing fee. Document Type: AH

2. Deliver the application and case file to the judge or set a hearing, as

directed by the court, by completing a scheduled events screen.

3. When the signed order is received, apply the ENTERED stamp; add the Enter, date, initial

date and your initials. Enter on a document screen using document code Document type

OHVR. Distribute the order according to list at bottom of the order. OHVR

NOTE: Provide a copy to the defendant to take to the county clerk’s office

for reinstatement of defendant’s license plate registration.

NOTE: If a hardship license registration is granted by the judge at the same

time license plate impoundment is ordered, there is no need for the

license plate to be surrendered to the court. If an impounded license plate

has been surrendered to the court and the order of impoundment has not

been forwarded to Motor Vehicle Licensing at the time the hardship

registration is granted, give the plate to the hardship registration recipient.

Note the return of the plate in the memo box on the document screen for

the order requirement impoundment of license plate(s). Once the order of

impoundment has been sent to Motor Vehicle Licensing, the hardship

registration recipient must go to the county clerk’s office to reinstate the

registration.

IMPORTANT: If an Order Requiring Impoundment of (defendant’s) License

Plate has been forwarded to the Division of Motor Vehicle Licensing, even

though the license plate has not been transmitted, the hardship

registration recipient MUST go to the county clerk’s office for

reinstatement of defendant’s license plate registration.

CITATIONS

15.13.14 Hardship Driver’s License

A defendant may apply for a hardship driver’s license at any time during the

license suspension period for drug related offenses; however, a hardship Quick Reference

license may not be issued to a defendant who has refused to take an alcohol

concentration or substance test or any other test offered by a law

enforcement officer. KRS 189A.410.

Procedure for In-State Conviction

1. Defendant applies in county where offense occurred. 601 KAR 12:060 Sec.

1. AOC Form 492.A

2. Do not collect a filing fee. AOC Form 492

File, date, initial

3. Defendant must complete AOC Form 492.A, Affidavit for Hardship License

and AOC Form 492, Application for Hardship License. Apply the FILED

stamp to the affidavit and application; add the date and your initials.

4. File the affidavit and application on document screens in the same case as

underlying charge. Set hearing date on the scheduled events screen.

Distribute the application according to the list at the bottom of the

application.

AOC Form 493

5. Upon receipt of AOC Form 493, Hardship Driver's License Order, apply the

Enter, date, initial

ENTERED stamp; add the date and your initials. Enter on a document

screen using document type OHL. Distribute the order according to the list Document Type:

at the bottom of the order. OHL

6. If granted, the defendant presents the Order and some form of

identification to a Driver Licensing Regional Office (go to drive.ky.gov for a

list of all locations in Kentucky) to request a hardship driver’s license.

CITATIONS

15.14 Procedure for Out-of-State Conviction with a Defendant

Holding a KY DL

1. Do not collect a filing fee. Quick Reference

No filing fee

2. Defendant applies in county of current residence and must complete AOC

Form 492.A, Affidavit for Hardship License and AOC Form 492, Application AOC form 492.A

for Hardship License. Apply the FILED stamp to the affidavit and AOC Form 492

application; add the date and your initials. Add both documents using File, date, initial

document codes AFHD and AAHD.

3. Refer to Case Add section of the KYCourts Manual for instructions on Document types:

opening the case. Generate the next case number in the computer for Application: AAHD

district civil C cases or use the next pre-numbered file folder. Affidavit: AFHD

4. Distribute the application according to the list at the bottom of the

District Civil C Cases

application. Do not issue a summons.

Do not issue a

5. Deliver the case file to the judge or if directed by the judge, schedule a summons

hearing by completing a scheduled events screen.

AOC Form 493

6. When AOC Form 493, Hardship Driver's License Order, is received, apply

Enter, date, initial

the ENTERED stamp; add the date and your initials. Enter on a document

screen using document type OHL and distribute the order according to the Document Type:

list at the bottom of the order. OHL

7. If granted, the defendant presents the Order and some form of

identification to a Driver Licensing Regional Office (go to drive.ky.gov for a

list of all locations in Kentucky) to request a hardship driver’s license.

15.15 Commercial Drivers’ Licenses

Clerk shall report moving violation convictions by holders of commercial

drivers licenses (CDL) (whether or not the violation occurs in a commercial

vehicle) to be posted to the driver’s record within 10 days of conviction for in-state drivers and within 30 days for out-of-state drivers. See Conviction

Reporting.

CITATIONS

15.16 Motor Carrier Citations

KRS 281.670

District Court

1. If a holder of an out-of-state CDL fails to appear in your court for an Quick Reference

offense NOT covered by the non-resident violator compact, issue an FTA FTA’s are issued

(FTA disposition) to Division of Driver Licensing. electronically to the

NOTE: The offenses not covered by the NRVC for which you may issue an Transportation

FTA notice include: Cabinet Division of

Drivers Licensing

• offenses which mandate personal appearance when an FTA

• moving traffic violations which carry suspension/revocation disposition is

entered.

• equipment violations

• size/weight violations

• transportation of hazardous material violations

2. If a holder of a Kentucky or out-of-state CDL, operating a commercial

vehicle, is convicted of a moving or non-moving traffic charge, the clerk of

the court shall, within 15 days, notify the motor carrier under whose

permit the driver was operating. KRS 281.763. Make a copy of the

completed original citation and mail it to the motor carrier.

15.17 Carry Concealed Deadly Weapon (CCDW) Licenses

Do not collect court costs for a citation issued for any of the following noncriminal

violations:

• failure to change a permanent address of a CCDW license holder;

• failure to provide notice to the KSP of the loss, theft or destruction of a CCDW

license; or,

• failure to carry and/or display the CCDW license upon the request of a law

enforcement officer.

15.18 Reporting Convictions