KRS Flashcards
A KY resident shall, within __ days of establishing residency, apply for a KY OL
30
What age can you apply for an instruction permit to operate a mv? and what age for motorcycle instruction permit?
MV valid for how long?
MC permit valid for how long?
16 and 18
3 years and 1 year
How many days do you have to change your address to DOT
10 days
BAC 0.08 - age 21+
BAC 0.02 - under 21
less than 0.04 - presumed not DUI
0.04 - 0.08- maybe depending on the totality of the circumstances
2 hours of cessation of operating a MV
DUI aggravating circumstances
(6 things) speed, direction, injury, BAC, age of passenger, and BAC level
30mph+
wrong way on a limited access highway
causes death or SPI
BAC 0.15+
Refusal
Under 12YOA passenger
When a collision occurred that resulted in a fatality, the investigation officer ___ seek such a warrant for blood, breath, or urine testing unless the testing has already been done by consent.
SHALL
____ minutes observation time for DUI and how much time can a subject get to contact their attorney?
20 minutes
10-15 minutes
4th DUI or more within 10 years is guilty of class ____ felony
D
Criteria for involuntary hospitalization
Mentally ill who is a ___ or threat of danger to self, family, or others
Who can reasonably ____ from treatment and
hospitalization is the least restrictive alternative mode of treatment
danger
benefit
DV relationships
Spouse, former spouse, parent, grandparent, child, step-child, siblings, anyone in the same home if the child is the victim,
4g cocaine +
2g meth +
10 dosage units schedule I or II is N
all quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives, etc.
Trafficking in Controlled Substance first degree
10+ units of schedules I and II, is a Narcotic, etc
20+ units of substance in schedule III
Anabolic steroid for sports etc
Trafficking in Controlled Substance 2nddegree
20+ units of schedules IV or V
Trafficking in Controlled Substance 3rd degree
If a person commits a ___ or more offense of assault 4th degree within ___ years, DV relationship, said person may be convicted of a class D felony.
The victim in the 2nd or subsequent offense is not required to be the same person
third
5
Statute of limitations
Felony ___
Misdemeanor ____
No time limit, within 1 year
Misdemeanor sex offense when the victim is a minor at the time of the offense, victim has ____ years after the victim is 18 to prosecute
10 years
The Commonwealth has the burden of proving every element of the case ___ _ ___ ___
beyond a reasonable doubt (51%+)
Deadly weapon
-WMD
-Guns
-Knife other than ordinary pocket knife or hunting knife
-Club, billy, nightstick
-blackjack or slap jack
-Nunchaku karate sticks
-Throwing stars
-Artificial knuckles
Serious physical injury for a child 12 years of age or less
-bruising near the eyes, on the head,neck, or lower back overlying the kidneys
-any bruising severe enough to cause underlying muscle damage
-any bruising or soft tissue to the genitals that affects the ability to urinate or defecate
-rib fracture
-scapula or sternum fractures
-any injury requiring surgery
-etc.
Culpable mental state
-intentionally- his conscious objective is to cause that result or to engage in that conduct
-knowingly- he is aware that his conduct is of that nature or that the circumstance exists
-wantonly-
-recklessly-
Criminal conspiracy
-agrees with one or more that at least one of them will engage in the crime, attempt, or solicitation to commit the crime
-agrees to aid one or more in the planning or commission of that crime or attempt or solicitation to commit the crime
Criminal syndicate means ___ or more persons, or in cases of merchandise theft from a retail store for reselling ___ or more persons
3, 2
criminal gang syndicate means __ or more persons acting as a part of or members of a gang engage in extortion, coercion, human trafficking, prostitution, thefts,
3
Criminal gang means 3 or more persons who have the following common things:
name, hand signal, sign, colors, symbols, geo location, leader,
-2 or more members engage in a pattern of criminal activity
Pattern of criminal activity
within __ years any member committed a crime, ___ or more felonies, __ or more misdemeanors or a combination of at least ___ felony and __ misdemeanor
5, 2, 3,
1, 1
Criminal Gang Recruitment 1st
18 years or older, recruits anyone under 15 YOA and requires the person to commit a crime
C felony
Criminal Gang Recruitment 2nd
18 YOA or older, recruits to join a gang, intimidates, or threatens said person because
-refuses to join
-has withdrawn or attempting to withdraw from gang
-refuses to submit to a demand by the gang
Class D
Criminal Gang Recruitment 3rd
Under 18YOA, recruits someone to join a gang.
Class A misdemeanor
Enhancement of penalty for criminal gang felonies resulting in risk of physical injury, SPI, or death
must served 85% of the sentence imposed
you can not rent a mv to any other person if the latter is not ___ unless he is a non resident whose home state or county does not require that an operator be ___
all records shall be open to inspection by any ___ ____ or employee of the cabinet
licensed, licensed, police officer
-With intent to cause death or SPI, kills the person or a third person
-except if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse
MURDER
-With intent to cause SPI, causes the death of such person or of a third person
-Intent to cause death, causes death under the influence of extreme emotional disturbance
-Through circumstances not the offense of a murder, intentionally abuses another person or knowingly permits another of whom he or she has actual custody to be abused, which causes death to a person (12) years of age or less, or who is physically helpless or mentally helpless
Manslaughter 1st degree