HB 369 regarding new law for loss of driver’s license for certain theft offenses goes into effect. KRS 532.356(a) – See AOC Forms for suspension, reinstatement and Hardship Licenses

 

HB 369 goes into effect today June 25th.  It raises the threshold amounts for theft-related offenses, and contains a provision which requires a court to declare upon conviction for these offenses that a defendant is ineligible to operate a motor vehicle for the period of time that any restitution is owed. This is incorporated into KRS 532.356.   The scope of this bill includes Class A misdemeanor, Class D felony and Class C felony theft-related convictions specifically enumerated in KRS 532.356(3)(a).

 

The AOC has developed a series of forms to be used in order to accomplish the license revocation. Here’s how the process works:

 

·       Upon conviction, the court enters an order using AOC-341A (Order Suspending License for Restitution Owed).

 

·       Per KRS 532.356(3)(b), a defendant may apply for a hardship license under KRS Chapter 189A. Because the court may waive compliance with provisions relating to alcohol treatment and ignition interlock devices, a separate hardship license application (AOC 492.1) and order (AOC 493.1) have been developed.

·       Once restitution is paid, a defendant may apply to the court for license reinstatement (AOC-493.2). If the court determines that restitution has been paid in full (taking into consideration the payment of any restitution fees if appropriate), the court enters an order reinstating the license (AOC 493.3).

·       These documents are transmitted by the clerk by mail to the Department of Transportation, Division of Driver Licensing 

 

 

 

LICENSE SUSPENSION FOR THEFT-RELATED OFFENSES

(KRS 532.356)

 

1.      Upon receipt of AOC-341.A, Order Suspending License for Restitution Owed, apply the “Entered” stamp, add the date and your initials and enter on a document screen using document code “OSFR”. Mail Order to the Transportation Cabinet daily:

 

Transportation Cabinet

Division of Driver Licensing

200 Mero Street, 2nd Floor

Frankfort, KY 40622

 

2.            Hardship Driver’s License

 

A defendant may apply for a hardship driver’s license, which restores

driving privileges.  KRS 532.356, 189A.410. 

 

(1)   Defendant applies in county where offense occurred. 601KAR 12:060 Sec. 1.  Defendant must complete AOC Form 492.A, Affidavit for Hardship License and AOC Form 492.1, Application for Hardship License (Restitution Owed/Theft Related Offense).  Apply the “FILED” stamp to the affidavit and application; add the date and your initials.

 

(2)   File the affidavit “AFHD” and application “AHDT” on document screens in the same case as underlying charge. Set hearing date on the scheduled events screen. Do not collect a filing fee. Distribute the application according to the list at the bottom of the application.

 

(3)   Enter order, AOC Form 493.1, Hardship Driver’s License Order (Restitution Owed/Theft-Related Offense). Apply the “ENTERED” stamp; add the date and your initials. Enter on a document screen using document code “OHLT”.  Distribute the order according to the list at the bottom of the order.

 

(4)   If granted, defendant presents to driver’s license clerk in defendant’s county of residence his/her identification and:

 

1) two (2) copies of order,

 

2) withdrawal notice (WTH) from Division of Drivers

                Licensing (If not available, call 800-344-2552 to obtain

                expiration date of hardship license), and

 

(5)   License issued.

 

1) A copy of the order is stapled to laminated license and

               given to defendant with decal. (If AOC Form 493.1 is

               used, attach yellow copy)

 

 

3.   Reinstatement of Driver’s License (Restitution Paid in Full)

 

(1)   Defendant must complete AOC form 493.2, Motion and Order for Reinstatement of Driver’s License.  Upon receipt, apply the “FILED” stamp; add the date and your initials.   Schedule a hearing by completing a scheduled events screen using a scheduled event code of “RLR” (Review License Reinstatement-Theft Related)  and file the motion by completing a motion screen using a motion type code of “RDL” (Motion to Reinstate Driver’s License). 

 

(2)   When a signed order is received:

 

(a) Apply the “ENTERED” stamp to the order; add the date and your

initials.  Do not use the “FILED” stamp.

 

(b) Enter the order on the document screen including a brief description. Use document code “ORLG” (Order Reinstating Driver’s License – Granted) – or “ORLD” (Order Reinstating Driver’s License – Denied).  This constitutes entry of the order; the order does not become effective until this is done.  RCr 11.04.  This is combined with the notation of service of notice of entry of the judgment as described below.

 

(c)  After the order is entered, serve notice of entry as shown in the                                         distribution list at the bottom of the form.

 

 

 

 

I

 COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

Name: __________________________________________ DEFENDANT

Address: _____________________________________________

Comes the Defendant and provides the following information in support of a request for a hardship license:

1. On ______________________, ________, I [ ] plead guilty to OR [ ] was found guilty of a theft by unlawful taking offense in ________________________________ Circuit/District Court.

2. I was convicted and sentenced to pay restitution in the amount of $_______________.

3. Suspension of my driver’s license hinders my ability to: (Check all that apply)

[ ] Continue my employment. [ ] Continue attending school or an educational institution.

[ ] Obtain necessary medical care. [ ] Attend court-ordered counseling or other programs.

[ ] Attend driver improvement, alcohol, or substance abuse education programs.

 

At the hearing, I will provide to the Court proof of motor vehicle insurance and notarized documents, as stated on page 2 of this form, depending on whether the hardship license is sought for employment; educational; medical; alcohol; substance abuse education or treatment; court-ordered counseling; or other programs.

 

WHEREFORE, Defendant prays this Application for Hardship Driver’s License will be granted for the remainder of the

suspension period.

_________________________________________________

Defendant’s Signature

_________________________________________________

Defendant’s Attorney (if any)

Date: _________________, 2____.

Distribution:

Court File

Defendant

Defense Attorney

County Attorney

Commonwealth Attorney

Case No. ___________________

Court ______________________

County _____________________

 

 

 

 

 

AOC-492.1 Doc. Code: AHDT

Rev. 6-09

Page 1 of 2

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356 Application for Hardship Driver’s License

(Restitution Owed /Theft-Related Offense)

 

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COMMON WEALTH OF KE N TUCK Y

COURT OF JU S T I C E

CLERK’S USE ONLY

Hearing Date: ____________________, 2____.

Time _______________ [ ] a.m. [ ] p.m.

AOC-492.1

Rev. 6-09

Page 2 of 2

INSTRUCTIONS TO DEFENDANT

FOR COMPLETING APPLICATION

When fi lling in your NAME as the “DEFENDANT” on page one of this form, also include your

ADDRESS.

1. You must provide the following type of NOTARIZED document(s) depending on the reason you are requesting a license. Form AOC-492.A “Affi davit for Hardship Driver’s License” may be used for this purpose.

A. If the license is sought for employment purposes: A written, sworn statement from your employer detailing your job, hours of employment, and the necessity for you to use a motor vehicle either in work or in travel to and from work. If you are self-employed, provide the described information together with a sworn and notarized statement attesting to the truth of the above information.

B. If the license is sought for education purposes: A written, sworn statement from the school or educational institution that you attend containing your class schedule, courses being taken, and necessity for you to use a motor vehicle in travel to and from school or other educational institution.

A license for educational purposes shall not include participation in sports, social, extracurricular, fraternal or other noneducational activities.

C. If the license is sought for medical purposes: A written, sworn statement from a physician or other medical professional licensed (but not certified) under Kentucky laws, attesting to your normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment.

D. If the license is sought for alcohol or substance abuse education or treatment purposes: A written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which you are expected to participate in the program, the nature of the program, and the necessity for you to use a motor vehicle to travel to and from the program.

E. If the license is sought for court-ordered driver improvement, counseling or other programs: A copy of any court order relating to treatment, participation in driver improvement programs, or other terms and conditions ordered by the court relating to you which require you to use a motor vehicle in traveling to and from the court-ordered program. The court order must include the necessity for use of a motor vehicle.

2. A sworn statement must be signed by a notary public.

3. NOTE TO DEFENDANT: You must pay a service fee to the Kentucky Transportation Cabinet for issuance of a hardship license. The Cabinet may refuse issuance of a hardship license should your driving history reveal a current withdrawal, denial, suspension, cancellation or revocation of driving privilege in any state/licensing jurisdiction. 601 KAR 12.020, Sec. 3.

4. IF YOU ARE COMPLETING THIS FORM ON A COMPUTER, SUBMIT THREE (3) SIGNED COPIES OF THE APPLICATION [plus the appropriate notarized Affi davit(s)] TO THE CIRCUIT CLERK. If you received this Application from the Circuit Clerk, submit only the completed three-page carbon pack [plus the appropriate notarized Affi davit(s)] to the Circuit Clerk.

 

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

Name: __________________________________________ DEFENDANT

Address: ________________________________________

________________________________________

Date of Birth: ___________________ Driver’s License No.: _____________________

 

FINDINGS OF FACT

Defendant having applied for a hardship driver’s license, and the Court having held a hearing on the application, the Court makes these FINDINGS OF FACT:

1. Defendant’s Kentucky driver’s license has been suspended by an order entered in _____________________

Circuit/District Court for the period of time that restitution in the amount of $ __________________________ is owed.

2. There is reasonable cause to believe suspension of defendant’s driver’s license hinders his/her ability to: (Check all

that apply):

[ ] Continue his/her employment. [ ] Attend court-ordered counseling or other programs. [ ] Continue attending school or an educational institution. [ ] Obtain necessary medical care. [ ] Attend driver improvement, alcohol, or substance education programs.

3. Defendant has provided the Court proof of motor vehicle insurance AND document(s) stated on page 2 of this form required for obtaining a license for the following purposes: [ ] Employment; [ ] Educational; [ ] Medical;

[ ] Alcohol or Substance Abuse Education or Treatment; OR [ ] Court-Ordered Counseling or other programs.

 

Distribution: White – Court File Yellow – Defendant Pink – Division of Driver Licensing

Case No. ____________________

Court _______________________

County ______________________

Citation No. __________________

 

 

 

 

 

AOC-493.3 Doc. Code: ORLG or

ORLD

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

County ______________________

 

ORDER DRIVER’S LICENSE  REINSTATEMENT GRANTED OR DENIED

 

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

_______________________________________________ DEFENDANT

Date of Birth: ____________________________

Driver License Number: _______________________ State: __________

 

ORDER

The above-named defendant has provided proof to the Court of full repayment of restitution owed in this case in the following form:

______________________________________________________________________

_____________________________________________________________________________________________________________________________________________

 

Now, therefore, pursuant to KRS 532.356 the defendant:

[ ] is eligible Doc. Code: ORLG

[ ] is not eligible Doc. Code: ORLD

to obtain a motor vehicle operator’s license.

Date: ________________________, 2________ ______________________________________

JUDGE

Distribution:

Court File

Defendant

Division of Driver Licensing

 

 

 

 

 

 

AOC-341.A Doc. Code: OSFR

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

 

ORDER SUSPENDING LICENSE FOR County ______________________

RESTITUTION OWED (THEFT-RELATED)

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

________________________________________________ DEFENDANT

Date of Birth: _______________________________

Driver License Number: _______________________ State: ____________

The above-named defendant:

1. has been adjudged guilty of an offense arising from one or more of the following charge(s): KRS 434.650, 434.655,

434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, 506.120;

and

2. has been Ordered to pay restitution in the amount of $___________________________.

Therefore, the Court declares that the defendant is ineligible to operate a motor vehicle for the period of time that any restitution remains unpaid. Defendant shall immediately surrender his/her driver’s license to the circuit clerk. In order to have his/her license reinstated, defendant shall present proof of full payment of restitution to the Court.

 

Date: ________________________, 2________ ____________________________________

Judge

Distribution:

Court File

Defendant

Division of Driver Licensing

 

 

 

 

AOC-493.2 Doc. Code: RDL

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

MOTION FOR DRIVER’S LICENSE County _______________________

REINSTATEMENT

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

_______________________________________________ DEFENDANT

Date of Birth: ____________________________

Driver License Number: _______________________ State: __________

On ______________________, ________, I [ ] plead guilty to OR [ ] was found guilty of a theft by unlawful taking offense. I was convicted and sentenced to pay restitution in the amount of $_________________________________.

I hereby swear and affi rm that I have repaid the restitution owed in full. Wherefore, the Defendant prays the Court enter an Order directing the reinstatement of his/her driver’s license.

_________________________________________________

Defendant’s Signature

_________________________________________________

Clerk

Date: _________________, 2____.

Distribution:

Court File

Defendant

Defense Attorney

County Attorney

Commonwealth Attorney

Clerk’s Use Only

Hearing Date: _____________________

Time: _________________ [ ] a.m. [ ] p.m.

 

 

 

 

AOC-493.1 Doc. Code: OHLT

Rev. 6-09

Page 1 of 2

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 189A.400-.460; 601 KAR

12.060; KRS 532.356

 

HARDSHIP DRIVER’S LICENSE ORDER

(RESTITUTION OWED/

THEFT-RELATED OFFENSE)

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j u s t i t i a

COMMON WEALTH OF KE N TUCK Y

COURT OF JU S T I C E

NOTICE TO DEFENDANT

  1. If the Court grants your application, present this Order, the Driving Privilege Withdrawal Notice, and some form of identification to the Circuit Court Clerk in your county of residence to receive your hardship driver’s license.

 

This ORDER ALONE DOES NOT CONSTITUTE YOUR DRIVER’S LICENSE. The Kentucky Transportation Cabinet reserves the right to refuse issuance of a hardship license should your driving history record reveal a current withdrawal,

denial, suspension, cancellation or revocation of driving privilege in any state or licensing jurisdiction. 601 KAR 12.020(2),(3).

2. Defendant must have the hardship license in his/her possession at all times during which he/she is operating or authorized to operate a motor vehicle. Defendant shall not operate a motor vehicle at any time or place or for any purpose other than those authorized above. Violation is a Class A misdemeanor resulting in revocation of his/her

license for the initial period plus an additional six (6) months.

 

ORDER IT IS HEREBY ORDERED defendant is GRANTED a hardship license subject to these conditions:

 

Use is limited to: [ ] Employment [ ] Educational [ ] Medical [ ] Court-ordered counseling or other programs [ ] Alcohol or Substance Abuse Education or Treatment

Time of use: ___________________________________________________________________________________

Place of use: ___________________________________________________________________________________

Other: _________________________________________________________________________________________

[ ] Defendant must have a functioning Ignition Interlock Device (IID) installed on each vehicle he/she owns or leases.

a. While using a hardship license:

[ ] Defendant shall not operate a motor vehicle or motorcycle without a functioning IID.

[ ] Defendant shall not operate motor vehicle or motorcycle without functioning IID, EXCEPT in course of his/her job when motor vehicle/motorcycle is employer-owned & employer has been notifi ed of this prohibition.

b. Defendant shall provide proof of installation of functioning IID(s) to the Court and periodically report verification of proper functioning of IID(s) according to this schedule: ___________________________________________________

________________________________________________________________________________________________.

c. Defendant shall have IID(s) serviced and monitored at least every thirty (30) days for proper functioning by an entity  approved by the Kentucky Transportation Cabinet.

d. Defendant shall be required to pay reasonable cost of leasing or buying, installing, servicing, and monitoring the IID(s). If defendant fails to submit required proof, the hardship license is subject to immediate revocation and defendant

may be held in contempt of court.

[ ] Compliance with Ignition Interlock Device requirements is hereby WAIVED pursuant to KRS 532.356.

[ ] Compliance with the provisions of KRS 189A relating to alcohol treatment is hereby WAIVED pursuant KRS 532.356.

Date: ______________________, 2_______ ______________________________________

Judge

 

INSTRUCTIONS TO JUDGE

Defendant must provide the following type of document(s) depending upon the reason the defendant seeks a license:

1. For a license for employment purposes: A written, sworn statement from defendant’s employer detailing defendant’s job, hours of employment, and the necessity for defendant to use a motor vehicle either in work or in travel to and from work. If the defendant is self-employed, the above information must be accompanied by the defendant’s

sworn and notarized statement attesting to the truth of the information.

2. For a license for educational purposes: A written, sworn statement from the school or educational institution of defendant’s attendance, defendant’s class schedule, courses being taken, and necessity for defendant to use a motor vehicle in travel to and from school or other educational institution. A license for educational purposes shall not include participation in sports, social, extracurricular, fraternal, or other noneducational activities.

3. For a license for medical purposes: A written, sworn statement from a physician or other medical professional licensed (but not certified) under Kentucky laws, attesting to defendant’s normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment.

4. For a license for alcohol or substance abuse education or treatment purposes: A written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which defendant is expected to participate in the program, the nature of the program, and the necessity for defendant to use a motor

vehicle to travel to and from the program.

5. For a license for court-ordered counseling or other programs: A copy of any court order relating to treatment, participation in driver improvement program, or other terms and conditions ordered by the court relating to the defendant which require the defendant to use a motor vehicle in traveling to and from the court-ordered program. The court order must include the necessity for use of a motor vehicle.

6. The court has the option of establishing a payment schedule.

INSTRUCTIONS TO CLERK

1. Assign same case number as underlying charges. Enter on case jacket or docket sheet. File in same case jacket or fi le as underlying charges.

2. If application is granted, driver’s license clerk should issue a duplicate license and attach yellow copy of order to license.

3. In the event defendant does not submit to you the required documentation, a bench warrant shall issue.

 

AOC – 493.1

Rev. 6-09

today June 25th.  It raises the threshold amounts for theft-related offenses, and contains a provision which requires a court to declare upon conviction for these offenses that a defendant is ineligible to operate a motor vehicle for the period of time that any restitution is owed. This is incorporated into KRS 532.356.   The scope of this bill includes Class A misdemeanor, Class D felony and Class C felony theft-related convictions specifically enumerated in KRS 532.356(3)(a).

 

 

The AOC has developed a series of forms to be used in order to accomplish the license revocation. Here’s how the process works:

·       Upon conviction, the court enters an order using AOC-341A (Order Suspending License for Restitution Owed).

·       Per KRS 532.356(3)(b), a defendant may apply for a hardship license under KRS Chapter 189A. Because the court may waive compliance with provisions relating to alcohol treatment and ignition interlock devices, a separate hardship license application (AOC 492.1) and order (AOC 493.1) have been developed.

·       Once restitution is paid, a defendant may apply to the court for license reinstatement (AOC-493.2). If the court determines that restitution has been paid in full (taking into consideration the payment of any restitution fees if appropriate), the court enters an order reinstating the license (AOC 493.3).

·       These documents are transmitted by the clerk by mail to the Department of Transportation, Division of Driver Licensing.

 

 

 

 

 

LICENSE SUSPENSION FOR THEFT-RELATED OFFENSES

(KRS 532.356)

 

1.      Upon receipt of AOC-341.A, Order Suspending License for Restitution Owed, apply the “Entered” stamp, add the date and your initials and enter on a document screen using document code “OSFR”. Mail Order to the Transportation Cabinet daily:

 

Transportation Cabinet

Division of Driver Licensing

200 Mero Street, 2nd Floor

Frankfort, KY 40622

 

2.            Hardship Driver’s License

 

A defendant may apply for a hardship driver’s license, which restores

driving privileges.  KRS 532.356, 189A.410. 

 

(1)   Defendant applies in county where offense occurred. 601KAR 12:060 Sec. 1.  Defendant must complete AOC Form 492.A, Affidavit for Hardship License and AOC Form 492.1, Application for Hardship License (Restitution Owed/Theft Related Offense).  Apply the “FILED” stamp to the affidavit and application; add the date and your initials.

 

(2)   File the affidavit “AFHD” and application “AHDT” on document screens in the same case as underlying charge. Set hearing date on the scheduled events screen. Do not collect a filing fee. Distribute the application according to the list at the bottom of the application.

 

(3)   Enter order, AOC Form 493.1, Hardship Driver’s License Order (Restitution Owed/Theft-Related Offense). Apply the “ENTERED” stamp; add the date and your initials. Enter on a document screen using document code “OHLT”.  Distribute the order according to the list at the bottom of the order.

 

(4)   If granted, defendant presents to driver’s license clerk in defendant’s county of residence his/her identification and:

 

1) two (2) copies of order,

 

2) withdrawal notice (WTH) from Division of Drivers

                Licensing (If not available, call 800-344-2552 to obtain

                expiration date of hardship license), and

 

(5)   License issued.

 

1) A copy of the order is stapled to laminated license and

               given to defendant with decal. (If AOC Form 493.1 is

               used, attach yellow copy)

 

 

3.   Reinstatement of Driver’s License (Restitution Paid in Full)

 

(1)   Defendant must complete AOC form 493.2, Motion and Order for Reinstatement of Driver’s License.  Upon receipt, apply the “FILED” stamp; add the date and your initials.   Schedule a hearing by completing a scheduled events screen using a scheduled event code of “RLR” (Review License Reinstatement-Theft Related)  and file the motion by completing a motion screen using a motion type code of “RDL” (Motion to Reinstate Driver’s License). 

 

(2)   When a signed order is received:

 

(a) Apply the “ENTERED” stamp to the order; add the date and your

initials.  Do not use the “FILED” stamp.

 

(b) Enter the order on the document screen including a brief description. Use document code “ORLG” (Order Reinstating Driver’s License – Granted) – or “ORLD” (Order Reinstating Driver’s License – Denied).  This constitutes entry of the order; the order does not become effective until this is done.  RCr 11.04.  This is combined with the notation of service of notice of entry of the judgment as described below.

 

(c)  After the order is entered, serve notice of entry as shown in the                                         distribution list at the bottom of the form.

 

 

 

 

I

 COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

Name: __________________________________________ DEFENDANT

Address: _____________________________________________

Comes the Defendant and provides the following information in support of a request for a hardship license:

1. On ______________________, ________, I [ ] plead guilty to OR [ ] was found guilty of a theft by unlawful taking offense in ________________________________ Circuit/District Court.

2. I was convicted and sentenced to pay restitution in the amount of $_______________.

3. Suspension of my driver’s license hinders my ability to: (Check all that apply)

[ ] Continue my employment. [ ] Continue attending school or an educational institution.

[ ] Obtain necessary medical care. [ ] Attend court-ordered counseling or other programs.

[ ] Attend driver improvement, alcohol, or substance abuse education programs.

 

At the hearing, I will provide to the Court proof of motor vehicle insurance and notarized documents, as stated on page 2 of this form, depending on whether the hardship license is sought for employment; educational; medical; alcohol; substance abuse education or treatment; court-ordered counseling; or other programs.

 

WHEREFORE, Defendant prays this Application for Hardship Driver’s License will be granted for the remainder of the

suspension period.

_________________________________________________

Defendant’s Signature

_________________________________________________

Defendant’s Attorney (if any)

Date: _________________, 2____.

Distribution:

Court File

Defendant

Defense Attorney

County Attorney

Commonwealth Attorney

Case No. ___________________

Court ______________________

County _____________________

 

 

 

 

 

AOC-492.1 Doc. Code: AHDT

Rev. 6-09

Page 1 of 2

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356 Application for Hardship Driver’s License

(Restitution Owed /Theft-Related Offense)

 

l e x

e t

j u s t i t i a

 

COMMON WEALTH OF KE N TUCK Y

COURT OF JU S T I C E

CLERK’S USE ONLY

Hearing Date: ____________________, 2____.

Time _______________ [ ] a.m. [ ] p.m.

AOC-492.1

Rev. 6-09

Page 2 of 2

INSTRUCTIONS TO DEFENDANT

FOR COMPLETING APPLICATION

When fi lling in your NAME as the “DEFENDANT” on page one of this form, also include your

ADDRESS.

1. You must provide the following type of NOTARIZED document(s) depending on the reason you are requesting a license. Form AOC-492.A “Affi davit for Hardship Driver’s License” may be used for this purpose.

A. If the license is sought for employment purposes: A written, sworn statement from your employer detailing your job, hours of employment, and the necessity for you to use a motor vehicle either in work or in travel to and from work. If you are self-employed, provide the described information together with a sworn and notarized statement attesting to the truth of the above information.

B. If the license is sought for education purposes: A written, sworn statement from the school or educational institution that you attend containing your class schedule, courses being taken, and necessity for you to use a motor vehicle in travel to and from school or other educational institution.

A license for educational purposes shall not include participation in sports, social, extracurricular, fraternal or other noneducational activities.

C. If the license is sought for medical purposes: A written, sworn statement from a physician or other medical professional licensed (but not certified) under Kentucky laws, attesting to your normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment.

D. If the license is sought for alcohol or substance abuse education or treatment purposes: A written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which you are expected to participate in the program, the nature of the program, and the necessity for you to use a motor vehicle to travel to and from the program.

E. If the license is sought for court-ordered driver improvement, counseling or other programs: A copy of any court order relating to treatment, participation in driver improvement programs, or other terms and conditions ordered by the court relating to you which require you to use a motor vehicle in traveling to and from the court-ordered program. The court order must include the necessity for use of a motor vehicle.

2. A sworn statement must be signed by a notary public.

3. NOTE TO DEFENDANT: You must pay a service fee to the Kentucky Transportation Cabinet for issuance of a hardship license. The Cabinet may refuse issuance of a hardship license should your driving history reveal a current withdrawal, denial, suspension, cancellation or revocation of driving privilege in any state/licensing jurisdiction. 601 KAR 12.020, Sec. 3.

4. IF YOU ARE COMPLETING THIS FORM ON A COMPUTER, SUBMIT THREE (3) SIGNED COPIES OF THE APPLICATION [plus the appropriate notarized Affi davit(s)] TO THE CIRCUIT CLERK. If you received this Application from the Circuit Clerk, submit only the completed three-page carbon pack [plus the appropriate notarized Affi davit(s)] to the Circuit Clerk.

 

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

Name: __________________________________________ DEFENDANT

Address: ________________________________________

________________________________________

Date of Birth: ___________________ Driver’s License No.: _____________________

 

FINDINGS OF FACT

Defendant having applied for a hardship driver’s license, and the Court having held a hearing on the application, the Court makes these FINDINGS OF FACT:

1. Defendant’s Kentucky driver’s license has been suspended by an order entered in _____________________

Circuit/District Court for the period of time that restitution in the amount of $ __________________________ is owed.

2. There is reasonable cause to believe suspension of defendant’s driver’s license hinders his/her ability to: (Check all

that apply):

[ ] Continue his/her employment. [ ] Attend court-ordered counseling or other programs. [ ] Continue attending school or an educational institution. [ ] Obtain necessary medical care. [ ] Attend driver improvement, alcohol, or substance education programs.

3. Defendant has provided the Court proof of motor vehicle insurance AND document(s) stated on page 2 of this form required for obtaining a license for the following purposes: [ ] Employment; [ ] Educational; [ ] Medical;

[ ] Alcohol or Substance Abuse Education or Treatment; OR [ ] Court-Ordered Counseling or other programs.

 

Distribution: White – Court File Yellow – Defendant Pink – Division of Driver Licensing

Case No. ____________________

Court _______________________

County ______________________

Citation No. __________________

 

 

 

 

 

AOC-493.3 Doc. Code: ORLG or

ORLD

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

County ______________________

 

ORDER DRIVER’S LICENSE  REINSTATEMENT GRANTED OR DENIED

 

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

_______________________________________________ DEFENDANT

Date of Birth: ____________________________

Driver License Number: _______________________ State: __________

 

ORDER

The above-named defendant has provided proof to the Court of full repayment of restitution owed in this case in the following form:

______________________________________________________________________

_____________________________________________________________________________________________________________________________________________

 

Now, therefore, pursuant to KRS 532.356 the defendant:

[ ] is eligible Doc. Code: ORLG

[ ] is not eligible Doc. Code: ORLD

to obtain a motor vehicle operator’s license.

Date: ________________________, 2________ ______________________________________

JUDGE

Distribution:

Court File

Defendant

Division of Driver Licensing

 

 

 

 

 

 

AOC-341.A Doc. Code: OSFR

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

 

ORDER SUSPENDING LICENSE FOR County ______________________

RESTITUTION OWED (THEFT-RELATED)

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

________________________________________________ DEFENDANT

Date of Birth: _______________________________

Driver License Number: _______________________ State: ____________

The above-named defendant:

1. has been adjudged guilty of an offense arising from one or more of the following charge(s): KRS 434.650, 434.655,

434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, 506.120;

and

2. has been Ordered to pay restitution in the amount of $___________________________.

Therefore, the Court declares that the defendant is ineligible to operate a motor vehicle for the period of time that any restitution remains unpaid. Defendant shall immediately surrender his/her driver’s license to the circuit clerk. In order to have his/her license reinstated, defendant shall present proof of full payment of restitution to the Court.

 

Date: ________________________, 2________ ____________________________________

Judge

Distribution:

Court File

Defendant

Division of Driver Licensing

 

 

 

 

AOC-493.2 Doc. Code: RDL

Rev. 6-09

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 532.356

Case No. _____________________

Court ________________________

MOTION FOR DRIVER’S LICENSE County _______________________

REINSTATEMENT

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

_______________________________________________ DEFENDANT

Date of Birth: ____________________________

Driver License Number: _______________________ State: __________

On ______________________, ________, I [ ] plead guilty to OR [ ] was found guilty of a theft by unlawful taking offense. I was convicted and sentenced to pay restitution in the amount of $_________________________________.

I hereby swear and affi rm that I have repaid the restitution owed in full. Wherefore, the Defendant prays the Court enter an Order directing the reinstatement of his/her driver’s license.

_________________________________________________

Defendant’s Signature

_________________________________________________

Clerk

Date: _________________, 2____.

Distribution:

Court File

Defendant

Defense Attorney

County Attorney

Commonwealth Attorney

Clerk’s Use Only

Hearing Date: _____________________

Time: _________________ [ ] a.m. [ ] p.m.

 

 

 

 

AOC-493.1 Doc. Code: OHLT

Rev. 6-09

Page 1 of 2

Commonwealth of Kentucky

Court of Justice www.courts.ky.gov

KRS 189A.400-.460; 601 KAR

12.060; KRS 532.356

 

HARDSHIP DRIVER’S LICENSE ORDER

(RESTITUTION OWED/

THEFT-RELATED OFFENSE)

l e x

e t

j u s t i t i a

COMMON WEALTH OF KE N TUCK Y

COURT OF JU S T I C E

NOTICE TO DEFENDANT

  1. If the Court grants your application, present this Order, the Driving Privilege Withdrawal Notice, and some form of identification to the Circuit Court Clerk in your county of residence to receive your hardship driver’s license.

 

This ORDER ALONE DOES NOT CONSTITUTE YOUR DRIVER’S LICENSE. The Kentucky Transportation Cabinet reserves the right to refuse issuance of a hardship license should your driving history record reveal a current withdrawal,

denial, suspension, cancellation or revocation of driving privilege in any state or licensing jurisdiction. 601 KAR 12.020(2),(3).

2. Defendant must have the hardship license in his/her possession at all times during which he/she is operating or authorized to operate a motor vehicle. Defendant shall not operate a motor vehicle at any time or place or for any purpose other than those authorized above. Violation is a Class A misdemeanor resulting in revocation of his/her

license for the initial period plus an additional six (6) months.

 

ORDER IT IS HEREBY ORDERED defendant is GRANTED a hardship license subject to these conditions:

 

Use is limited to: [ ] Employment [ ] Educational [ ] Medical [ ] Court-ordered counseling or other programs [ ] Alcohol or Substance Abuse Education or Treatment

Time of use: ___________________________________________________________________________________

Place of use: ___________________________________________________________________________________

Other: _________________________________________________________________________________________

[ ] Defendant must have a functioning Ignition Interlock Device (IID) installed on each vehicle he/she owns or leases.

a. While using a hardship license:

[ ] Defendant shall not operate a motor vehicle or motorcycle without a functioning IID.

[ ] Defendant shall not operate motor vehicle or motorcycle without functioning IID, EXCEPT in course of his/her job when motor vehicle/motorcycle is employer-owned & employer has been notifi ed of this prohibition.

b. Defendant shall provide proof of installation of functioning IID(s) to the Court and periodically report verification of proper functioning of IID(s) according to this schedule: ___________________________________________________

________________________________________________________________________________________________.

c. Defendant shall have IID(s) serviced and monitored at least every thirty (30) days for proper functioning by an entity  approved by the Kentucky Transportation Cabinet.

d. Defendant shall be required to pay reasonable cost of leasing or buying, installing, servicing, and monitoring the IID(s). If defendant fails to submit required proof, the hardship license is subject to immediate revocation and defendant

may be held in contempt of court.

[ ] Compliance with Ignition Interlock Device requirements is hereby WAIVED pursuant to KRS 532.356.

[ ] Compliance with the provisions of KRS 189A relating to alcohol treatment is hereby WAIVED pursuant KRS 532.356.

Date: ______________________, 2_______ ______________________________________

Judge

 

INSTRUCTIONS TO JUDGE

Defendant must provide the following type of document(s) depending upon the reason the defendant seeks a license:

1. For a license for employment purposes: A written, sworn statement from defendant’s employer detailing defendant’s job, hours of employment, and the necessity for defendant to use a motor vehicle either in work or in travel to and from work. If the defendant is self-employed, the above information must be accompanied by the defendant’s

sworn and notarized statement attesting to the truth of the information.

2. For a license for educational purposes: A written, sworn statement from the school or educational institution of defendant’s attendance, defendant’s class schedule, courses being taken, and necessity for defendant to use a motor vehicle in travel to and from school or other educational institution. A license for educational purposes shall not include participation in sports, social, extracurricular, fraternal, or other noneducational activities.

3. For a license for medical purposes: A written, sworn statement from a physician or other medical professional licensed (but not certified) under Kentucky laws, attesting to defendant’s normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment.

4. For a license for alcohol or substance abuse education or treatment purposes: A written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which defendant is expected to participate in the program, the nature of the program, and the necessity for defendant to use a motor

vehicle to travel to and from the program.

5. For a license for court-ordered counseling or other programs: A copy of any court order relating to treatment, participation in driver improvement program, or other terms and conditions ordered by the court relating to the defendant which require the defendant to use a motor vehicle in traveling to and from the court-ordered program. The court order must include the necessity for use of a motor vehicle.

6. The court has the option of establishing a payment schedule.

INSTRUCTIONS TO CLERK

1. Assign same case number as underlying charges. Enter on case jacket or docket sheet. File in same case jacket or fi le as underlying charges.

2. If application is granted, driver’s license clerk should issue a duplicate license and attach yellow copy of order to license.

3. In the event defendant does not submit to you the required documentation, a bench warrant shall issue.

 

AOC – 493.1

Rev. 6-09

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