Even minor traffic offenses can be worth fighting in order to protect your driver’s license and keep insurance costs down. Our Lexington traffic attorneys are ready to help.
Some traffic offenses seem simple but can carry hidden penalties. According to a recent study, Kentucky insurance companies are the second least forgiving for accidents and traffic tickets in the US. If you receive a traffic charge, your options can be confusing. Should I go to traffic school? Can I go to traffic school? Is diversion an option? Do I have to go to court? What if the officer was wrong? Contact our Lexington DUI and Traffic attorneys at Baldani Law Group PLLC to figure out what to do next. We can listen to the facts and help you decide what is best for you.
Consequences of Traffic Violations in Kentucky
When most people receive a ticket, they just pay the fine. Just because most people do this does not mean that you should. The Traffic Attorneys at Baldani Law Group PLLC can help you determine whether challenging a ticket or defending yourself in court will be beneficial.
Potential Penalties and collateral consequences for traffic offenses in Kentucky include:
- Prison and/or jail time
- Fines and court costs in excess of $1000
- Loss of Driver’s License
- An entry on your criminal record for at least five years
- A driving record that could affect employment options
- Increased Insurance Premiums
Kentucky Traffic Offenses
If you are stopped for a traffic offense, you might feel scared or ashamed. However, the most important thing to remember is to remain under control and that the police are required to respect your rights.
Traffic offenses that Baldani Law Group frequently handles include, but are not limited to:
Speeding – It seems like a minor thing, but speeding ticket add up: they can increase your insurance, and if you get enough, they can suspend your license as long as a DUI. They also can prevent you from getting a new job, or making part time cash driving for Uber or Lyft. We know how to fight Kentucky Speeding tickets.
Reckless Driving – Closely related to speeding is the charge of reckless driving. Reckless Driving can add points to your license and even further increase your insurance costs and keep you from lucrative new jobs. It also adds four points against your license, brining you even closer to a suspension.
Leaving the Scene of an Accident – Everyone makes mistakes. Sometimes people get nervous, stressed, or intimidated and leave the scene of an accident or commit a hit and run. This charge can lead to your license being suspended for six months! That’s longer than most DUIs!
Best Practices During a Traffic Stop
We advise our clients to come to a stop as soon as it is safe to do so. Once stopped, do not rush to retrieve your license or insurance: officers can become concerned that you are reaching for a weapon or destroying evidence. It is best to place both hands on the wheel and look forward. In the state of Kentucky, the driver of the vehicle is required to produce identification during a traffic stop if requested by the officer. Once the officer approaches, roll down the window. Be polite.
If you have a firearm in the vehicle, explain to the officer where it is, and if it is concealed, that you have a permit. Then inform the officer that you will be reaching into the glove compartment to produce any documents that he requests. If you are asked questions about the offense you are stopped for, you do not have to answer the question, though you may choose to do so. The days of “talking” your way out of a ticket are mostly over. In an era of reduced budgets and a need for more revenue, almost everyone gets ticketed.
Contact a Lexington Traffic Attorney Today
If you are facing a traffic offense in Lexington or anywhere in Central Kentucky, give our firm a call today. We’ve handled every type of traffic ticket, from ten over to 125 mph. We know the procedures and how to negotiate with the prosecution to have your charge dismissed or minimized as much as possible.
Traffic Court can take hours out of your busy day. Let us handle it for you. Get a free consultation now and find out why our firm is the right firm for you.
Points for Kentucky Traffic Offenses
In addition to all of the collateral consequences to a traffic ticket, you face the following points assessed against your license. A good lawyer can have these points dismissed or minimized.
- Speeding fifteen (15) MPH or less over the limit – three (3) penalty points, except as established in KRS 186.572;
- Speeding sixteen (16) MPH or more, but less than twenty-six (26) MPH, over the limit – six (6) penalty points;
- Failure to stop for church or school bus, as established in KRS 189.990(5) – six (6) penalty points;
- Improper passing – five (5) penalty points;
- Reckless driving – four (4) penalty points;
- Driving on the wrong side of road – four (4) penalty points;
- Following too closely – four (4) penalty points;
- Failure to yield to an emergency vehicle – four (4) penalty points;
- Changing drivers in a moving vehicle – four (4) penalty points;
- Vehicle not under control – four (4) penalty points;
- Failure to stop violation (electric signal, railroad crossing, stop sign) – three (3) penalty points;
- Failure to yield – three (3) penalty points;
- Driving the wrong way on one-way street – three (3) penalty points;
- Driving too fast for conditions – three (3) penalty points;
- Driving too slow for conditions – three (3) penalty points;
- Improper start – three (3) penalty points;
- Improper driving – three (3) penalty points;
- Careless driving – three (3) penalty points;
- Failure to yield left lane – three (3) penalty points;
- Improper lane usage – three (3) penalty points;
- Failure to illuminate headlights – three (3) penalty points;
- Failure to dim headlights – three (3) penalty points;
- Texting while driving – three (3) penalty points; or
- A combination of two (2) or more violations of motor vehicle laws in one (1) occurrence – six (6) penalty points.
More information about points can be found in 601 KAR 13:025.
Is Diversion an Option for My Traffic Ticket?
In Lexington, the Fayette County Attorney’s Office operates a traffic diversion program. Our firm has been successful at getting our clients placed in this program leading to their traffic ticket being dismissed. You are only allowed to do the Traffic Diversion Program once. In order to be eligible, you cannot have participated in the past, and you must have a valid license and insurance. You should apply to the program at least two weeks in advance of when you are supposed to attend court. Participation in the program requires paying a fee, completing a class, and performing a small number of hours of community service. Upon completion of the program, the case is dismissed and expunged from all court and Transportation Cabinet records. Most participants never have to come to court.
If you have any traffic incident in Fayette County other than a DUI and otherwise meet the requirements, we can help you through applying and enrolling in this beneficial program. Please contact us as soon as possible, because enrollment is time sensitive.
What Kentucky Traffic Offenses Carry Jail Time?
Many traffic offenses can lead to time behind bars or costly probation. It’s important to retain an experienced Lexington traffic lawyer if you are facing any of the following charges:
- Leaving Scene of Accident / Failure to Render Aid or Assistance (Hit and Run)
- Leaving the Scene of Accident / Failure to Render Aid with Death or Serious Physical Injury (Hit and Run)
- Fleeing or Evading Police, 1st Degree (Motor Vehicle)
- Owner to Notify Clerk of Residence / Name Change
- Registration and Title Requirements of Vehicle Not Operated on Highway
- Failure of Transferee of Vehicle to Promptly Apply for New Title / Registration
- Failure to Register Transfer of Motor Vehicle
- None / Improper Use of Temporary Tag When Required
- Improper Use of Dealers Plates
- Fleeing or Evading Police, 2nd Degree (Motor Vehicle)
- Failure of Owner to Maintain Required Insurance / Security, 2nd Offense
- Failure of Non-Owner Operator to Maintain Required Insurance, 2nd Offense
- Passing Loading / Unloading School / Church Bus, 1st Offense
- Following Emergency Vehicle Too Closely
- Failure to Give Right of Way to Emergency Vehicle
- Racing Motor Vehicle on Public Highway
- Improper Use of Dealer-Demonstrator Tags
- Abandonment of Vehicle on Public Road
- Passing Loading / Unloading School / Church Bus, 2nd Offense
- Failure to Yield Right of Way to Funeral Procession
- Disregarding Signals from Officer Directing Traffic
- Driving Without License / Negligence in Accident
- License to be in Possession
- No Operators/Moped License
- Failure to Notify Address Change to Department of Transportation
- Operating Vehicle with Expired Operators License
- Failure to Surrender Revoked Operators License
- Operating on Suspended / Revoked Operators License
- Failure of Owner to Maintain Required Insurance / Security, 1st Offense
- Failure of Non-Owner Operator to Maintain Required Insurance, 1st Offense
Installation of Non Compliance Tinting on Vehicle
Traffic Violations Case Results
Speeding Ticket – Dismissed with Warning
Our client was charged with Speeding 17 MPH over the limit. The client was worried about points on his driving record, rising costs of insurance premiums, fines, and court costs. He retained Abe Mashni of Baldani, Rowland & Richardson to fight for his rights.
After negotiations with the prosecutor and helped by the client’s otherwise good driving record, Abe was able to secure a dismissal with a warning for the client. No points. No effect on insurance premiums. No fines or court costs.
Speeding 26 Over: Dismissed and Diverted
Our client was facing a potential six month license suspension for Speeding 26mph over the limit (KRS 189.394). We were able to show that the margin of error on the radar device would have placed his potential speed under the license suspension cutoff of 26 mph. As a result, the prosecution amended the ticket under the suspension limit and allowed the client to complete a diversion program. He will receive no points on his license, will not have to plead guilty, and should not face an increase in insurance costs.
If you are facing a traffic charge, give us a call at (866) 867-1036.
Case Resolved: August 2017
Disclaimer: The facts and circumstances of each case are different and each case must be evaluated upon the unique facts and circumstances. That being the case, the results summarized here are not necessarily representative of the results obtained in all cases. Case summaries do not constitute a guarantee of any particular result in any legal matter. Not all cases handled by our firm are posted on our site.