KY licence suspended for no insurance

[chester40391]

Kentucky

I was pulled over and cited for no insurance (tags were grossly expired)
The tag was not an issue other than getting it cought up.

So I went to court and got the normal 1st offence guilty charge
500 plus court costs, total about 630.00
I was informed that second offence is 1k plus losing your licence and i think she said 6 months in jail. (everyone tells me that sound excessive and I agree) she also explained 3rd offence but I dont remember.

So I was releived because I had a previous charge for the same thing and I had no idea when they fell off. I wasnt too worried because someone asked me if it was over 3 years and I new it had been, and plus the citation said "1st off"

Anyway here is the issue. About a week later I got a letter from the DMV saying my license was suspended for 1 year for the reason of failure to have insurance. I called the next day and was informed they were just record keeping but this is my second offence and thus my licence was suspended. The previous offence was 4 years ago and she informed me that those fall off every 5 years. OH!

OK so I have 2 kids and a J.O.B. and this makes it very difficult to carry on, however according to the DMV lady and a friend of an officer, as far as they know "hardship licence" is only for D.U.I offenders now. IM like WTF thats like saying bail is only for murderers lol.

Anyone have any insight to this? It will be extremely difficult to go 1 year without being able to drive to work. The other issue is should I be worried now about bringing to the attention of the courts that this is actually my second offence? everyone tells me they cant retry me so I shouldnt worry about that. But I was also surprised that the DMV suspended my license without this judgement from the court.

Thanks for your time.

 

[The Occultist]

Judgement from the court? You either have insurance, or you don't, and it doesn't take a trial to prove it.

 

[patstew]

Sounds like a wake-up call to me.

Find a car pool and consider it a learning experience.

 

[chester40391]

Judgement from the court

"Judgement from the court? You either have insurance, or you don't, and it doesn't take a trial to prove it."

I think you misunderstood. I am guilty and never said otherwise. the judgment/punishment given to me by the Judge was only 500.00 plus court costs. a week later my license was suspended. My point was that this was not an act of the judge or part of her judgement.

I posted here with hopes of getting some help or gainfull knowledge.
My license is suspended and I am looking for anyone who might actually have some knowlege of what I can do to change that fact.
Please dont waste my time with criticism or further judgement.

Thanks.

 

[The Occultist]

It was neither criticism, nor judgement, just fact. Is it considered that just because it's not the answer you wanted to hear?
The DMV is its own department and can make its own rules regarding whether or not you may own a license. For instance, there are several areas where a guilty sentence of possession of marijuana, even if the judge does not say so, will yield no driving priviliges for a year thanks to the DMV. To figure out a way to get your license back, you need to talk to those working at your DMV as they will be more knowledgable of the topic. If they say there is no way, then I doubt you're going to find a different answer from those frequenting this board. Tough cookies.

 

[JmD]

http://www.lrc.ky.gov/record/06RS/SB26/bill.doc

(1) A person who has had his or her driving privileges suspended for any traffic violation other than a violation of KRS Chapter 189A may, at any time following the completion of a license suspension period of not less than ten (10) days, petition the District Court to grant the person a hardship driver's license for the balance of the time his or her Class D operator's license is scheduled to be suspended. The court may grant the person a hardship driver's license if the court finds reasonable cause to believe the suspension would hinder the person's ability to:
(a) Continue his or her employment;
(b) Continue attending an educational or vocational institution;
(c) Obtain necessary medical care;
(d) Attend a driver improvement program; or
(e) Attend court-ordered counseling or other court-ordered programs.

and

Before granting a hardship driver's license under Section 3 of this Act, the District Court shall order the person to:
(1) Provide the court with proof of motor vehicle insurance;
(2) Provide the court with a written, sworn statement from his or her employer detailing the person's job, hours of employment, and the necessity for the person to use a motor vehicle either in his or her work or in travel to and from work, if the license is sought for employment purposes;
(3) If the person is self-employed, provide the court the information required in subsection (2) of this section, together with a sworn and notarized statement, under the penalties of false swearing, as to its truth;
(4) Provide the court with a written, sworn statement from the educational or vocational institution which he or she attends, the class schedule, courses being undertaken, and the necessity for the person to use a motor vehicle in his or her travel to and from the educational or vocational institution, if the license is sought for educational purposes. A hardship license issued for educational purposes shall not allow the person to operate a motor vehicle to participate in sports, social, extracurricular, fraternal, or other noneducational activities;
(5) Provide the court with a written, sworn statement from a physician, or other medical professional licensed, not certified, under the laws of Kentucky, attesting to the person's normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment, if the license is sought for medical purposes;
(6) Provide the court with a copy of any court order relating to participation in driver improvement programs, counseling, other programs, or other terms and conditions ordered by a court which require the person to use a motor vehicle in traveling to and from a court-ordered program. The order shall include the necessity for the use of the motor vehicle; and
(7) Provide to the court any other information it may require.