Under what circumstances can the State suspend or revoke my driving privilege and how can I get it back?

Driving in the Commonwealth of Kentucky is a privilege granted to an individual over the age of 16 (via permit) or over the age of 18 (via license) by the Department of Motor Vehicles. It is not a right, and therefore, if you fail to abide by the law, it may be revoked. The Kentucky Transportation Cabinet has a right to suspend your license if you violate the laws of the Commonwealth. (See Division of Driver Licensing, Department of Vehicle Regulation, Transportation Cabinet v. Bergmann, 740 S.W.2d 948, 951 (1987)).

Some of these law violations include (see KRS 186.560(1)):

  1. 12 points within two years (or 7 points if you’re under 18);
  2. Getting a DUI;
  3. Three convictions of reckless driving in 12 months;
  4. Stealing gas;
  5. Leaving the scene of an accident (including failing to give your identity and aid);
  6. Operating a motor vehicle without a license or liability insurance twice in five years;
  7. Stealing a motor vehicle/any part of a motor vehicle;
  8. Failure to satisfy court requirements (citations, summons, etc.);
  9. Failure to pay child support;
  10. Failure to enroll in or complete State Traffic School if ordered by the court;
  11. Illegally using your, or another’s, driver license to purchase alcohol;
  12. Fleeing/evading police;
  13. Refusing a chemical test;
  14. Violating the restrictions set by the Transportation Cabinet regarding motor vehicle operation;
  15. Giving false information to the Transportation Cabinet;
  16. Being involved in a felony involving a motor vehicle; and
  17. Manslaughter in which a motor vehicle was involved.

Some other serious violations for which a 90 day suspension or probation may be enforced are:

  1. Racing;
  2. Speeding twenty-six (26) MPH or more over limit; and
  3. Attempting to elude law enforcement officer by use of motor vehicle.

You will have twenty (20) days from the time your license is suspended to request a formal administrative hearing (601 KAR 12:025(10)(1)). Administrative hearing requests can be filed by you, but you have a much greater chance of success if you hire an attorney who can assess your case and present a well-reasoned argument to the Transportation Cabinet.

Any requests for an administrative hearing should be submitted to:

Transportation Cabinet Building
Office of Legal Services
200 Mero Street
Frankfort, Kentucky
40622

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