Hit and Run Laws in

Kentucky

In the state of Kentucky, hit and run drivers do not face a felony charge for leaving the scene of a fatal accident


189.580 Duty in case of accident.

(1) The operator of any vehicle, whose vehicle, vehicle load, or vehicle equipment which is involved in an accident resulting in injury to or death of any person or resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop and ascertain the extent of the injury or damage and render reasonable assistance, including the carrying, or making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give the occupant of the vehicle, or person struck, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants and operator. The total names need not exceed five (5) in number.

(2) The operator of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of his name, address, and the registration number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address, and the registration number of the vehicle he is driving, or shall file a report with the local police department.

(3) The operator of a vehicle involved in an accident in subsection (1) or (2) above resulting in injury to or death of any person or in which total property damage of five hundred dollars ($500) or more is sustained shall, within ten (10) days, report the matter in writing to the Justice Cabinet.

189.990 Penalties.

(1) Any person who violates any of the provisions of KRS 189.020 to 189.040, subsections (1), (2), and (5) of KRS 189.050, KRS 189.060 to 189.080, subsections (1) to (3) of KRS 189.090, KRS 189.100, 189.110, 189.130 to 189.160, subsections (2) to (4) of KRS 189.190, KRS 189.200, 189.285, 189.290, 189.300 to 189.360, KRS 189.380, KRS 189.400 to 189.430, KRS 189.450 to 189.458, KRS 189.4595 to 189.480, subsection (1) of KRS 189.520, KRS 189.540, KRS 189.570 to 189.630, except subsection (1) of KRS 189.580, KRS 189.345, subsection (4) of KRS 189.456, and 189.960 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. Any person who violates subsection (1) of KRS 189.580 shall be fined not less than twenty dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not more than one (1) year, or both. Any person who violates paragraph (c) of subsection (5) of KRS 189.390 shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court costs nor fees shall be taxed against any person violating paragraph (c) of subsection (5) of KRS 189.390.

431.078 Expungement of misdemeanor and violation conviction records.

(1) Any person who has been convicted of a misdemeanor or a violation, or a series ofmisdemeanors or violations arising from a single incident, may petition the court inwhich he was convicted for expungement of his misdemeanor or violation record.The person shall be informed of the right at the time of adjudication.(2) The petition shall be filed no sooner than five (5) years after the completion of theperson's sentence or five (5) years after the successful completion of the person'sprobation, whichever occurs later.(3) Upon the filing of a petition, the court shall set a date for a hearing and shall notifythe county attorney; the victim of the crime, if there was an identified victim; andany other person whom the person filing the petition has reason to believe may haverelevant information related to the expungement of the record. Inability to locate thevictim shall not delay the proceedings in the case or preclude the holding of ahearing or the issuance of an order of expungement.(4) The court shall order sealed all records in the custody of the court and any recordsin the custody of any other agency or official, including law enforcement records, ifat the hearing the court finds that:(a) The offense was not a sex offense or an offense committed against a child;(b) The person had no previous felony conviction;(c) The person had not been convicted of any other misdemeanor or violationoffense in the five (5) years prior to the conviction sought to be expunged;(d) The person had not since the time of the conviction sought to be expungedbeen convicted of a felony, a misdemeanor, or a violation;(e) No proceeding concerning a felony, misdemeanor, or violation is pending orbeing instituted against him; and(f) The offense was an offense against the Commonwealth of Kentucky.(5) Upon the entry of an order to seal the records, and payment to the circuit clerk oftwenty-five dollars ($25), the proceedings in the case shall be deemed never to haveoccurred; all index references shall be deleted; the persons and the court mayproperly reply that no record exists with respect to the persons upon any inquiry inthe matter; and the person whose record is expunged shall not have to disclose thefact of the record or any matter relating thereto on an application for employment,credit, or other type of application. The fee collected pursuant to this subsectionshall be deposited into a trust and agency account for deputy clerks.(6) Copies of the order shall be sent to each agency or official named therein.(7) Inspection of the records included in the order may thereafter be permitted by thecourt only upon petition by the person who is the subject of the records and only tothose persons named in the petition.(8) This section shall be deemed to be retroactive, and any person who has beenconvicted of a misdemeanor prior to July 14, 1992, may petition the court in whichhe was convicted, or if he was convicted prior to the inception of the District Courtto the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanoroffenses or violations arising from a single incident, provided that the offense wasnot one specified in subsection (4) and that the offense was not the precursoroffense of a felony offense for which he was subsequently convicted. This sectionshall apply only to offenses against the Commonwealth of Kentucky.Effective: July 15, 1996History: Amended 1996 Ky. Acts ch. 374, sec. 3, effective July 15, 1996. -- Created1992 Ky. Acts ch. 325, sec. 1, effective July 14, 1992.

Time Limitations

1. FELONY

KRS 500.050(1) - No limitation on the prosecution of felonies.

2. MISDEMEANOR

KRS 500.050(2) - Prosecution must be commenced within one year with exceptions stated in statute.

3. VIOLATIONS

KRS 500.050(2) Same as misdemeanors.

Source



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This page is added for reference only. Laws may have been changed since and information shown may be incomplete or erroneous. Use of this information is at users risk and only an accredited attorney can advise you of the exact law in each state. This page deals with state leaving the scene laws only and hit and run drivers may face other charges.


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