Traffic Violations in Kentucky: Protecting Your Driving Record and Your Rights
Understanding Traffic Violations
Traffic violations in Kentucky can lead to fines, license points, increased insurance premiums, and even license suspension. Whether you’ve been cited for speeding, reckless driving, or another traffic offense, it’s essential to understand your rights and options for resolving the matter.
At Millard Law, I provide legal representation for traffic violations, helping drivers protect their records and minimize the consequences of a citation.
The Kentucky Points System
Kentucky uses a points system to track traffic violations, as outlined in the state’s administrative regulations (601 KAR 13:025). Each moving violation adds a specific number of points to your driving record, which can accumulate and lead to license suspension.
Key Points About the Kentucky Points System:
Common Violations and Points:
Speeding 11-15 mph over the limit: 3 points.
Speeding 16-25 mph over the limit: 6 points.
Reckless driving: 4 points.
Failure to yield: 3 points.
Following too closely: 4 points.
License Suspension Thresholds:
Drivers accumulating 12 points or more within a two-year period (for adults) or 7 points or more (for minors) may face suspension.
Suspension durations vary based on prior offenses and the total points accumulated.
The County Attorney Traffic Safety (CATS) Program
The CATS program is a diversion program offered in many Kentucky counties to help eligible drivers avoid the penalties associated with certain traffic violations. Participation in the program typically includes:
Completing an approved traffic safety course.
Paying program fees and any associated fines.
Meeting deadlines and compliance requirements.
Benefits of the CATS Program:
The citation is dismissed upon successful completion.
Points are not added to your driving record.
Insurance rates may be unaffected, as the violation is not reported.
Participation in the CATS program is not guaranteed and depends on eligibility requirements, which vary by county. I can help you determine whether you qualify and guide you through the process.
Common Defenses for Traffic Violations
Even if you are not eligible for the CATS program, you have the right to contest a traffic citation. Possible defenses include:
Challenging Radar or Speed Detection: Questioning whether the officer’s equipment was properly calibrated and maintained.
Mistaken Identity: Arguing that you were not the driver or that the vehicle was misidentified.
Improper Signage or Road Conditions: Demonstrating that unclear signs or hazardous conditions contributed to the alleged violation.
Procedural Errors: Highlighting mistakes in how the citation was issued or filed.
CDL License Holders and Anti-Masking Laws
Commercial Driver’s License (CDL) holders are subject to stricter standards under federal and state regulations. Traffic violations committed while operating a commercial vehicle—or even a personal vehicle—can have severe consequences for a CDL holder’s career.
Additionally, Kentucky adheres to anti-masking laws, which prohibit courts from masking, deferring, or dismissing traffic violations for CDL holders in a way that prevents the violation from appearing on their driving record. This means that CDL holders are ineligible for programs like the County Attorney Traffic Safety (CATS) program or other diversion options typically available to non-commercial drivers.
For CDL holders, challenging the citation outright or negotiating a lesser charge is often the best strategy to mitigate the impact of a traffic violation.
Why Legal Representation Matters
Many drivers choose to simply pay their ticket without realizing the long-term consequences of a conviction, including points on their record, higher insurance premiums, and potential license suspension. An experienced attorney can:
Evaluate your case and identify possible defenses.
Negotiate with prosecutors for reduced charges or penalties.
Advocate for your participation in a diversion program, such as the CATS program.
How Millard Law Can Help
Traffic violations can have lasting consequences, but you don’t have to face them alone. I provide personalized legal representation to help you resolve your case efficiently and protect your driving record. Whether you’re dealing with a minor infraction or a more serious charge, I will work with you to achieve the best possible outcome.
I serve clients across Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties, offering skilled advocacy for all types of traffic violations.
Contact Millard Law
If you’ve received a traffic citation, contact Millard Law today for a consultation. I can help you navigate your options, minimize the impact on your driving record, and protect your rights.