§ 189A.250 Judicial review of pretrial suspension imposed under KRS 189A 200(1)(c)

189A.250 Judicial review of pretrial suspension imposed under KRS 189A.200(1)(c)

    In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(c), if the court determines by a preponderance of the evidence that:

    (1) The person was charged and arrested by a peace officer with violation of KRS 189A.010;

    (2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in
violation of KRS 189A.010;

    (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1) as charged; and

    (4) There is probable cause to believe that the person was involved in an accident that resulted in death or serious physical injury as defined in KRS 500.080 to a person other than the defendant;

    then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings.