Understanding Criminal Charges Under Kentucky Law
Every criminal charge in Kentucky has specific elements the prosecution must prove beyond a reasonable doubt. This is the highest standard of proof in the legal system — it means the evidence must be so compelling that no reasonable person could doubt the defendant’s guilt. If the prosecution fails to prove even one element, the charge should be dismissed or result in an acquittal. Understanding exactly what the Commonwealth must prove — and where the weaknesses in their case are — is the foundation of effective criminal defense.
How a Criminal Case Moves Through Kentucky Courts
Arrest and arraignment: You’re informed of the charges, advised of your rights, and bail is set. This happens within 24-48 hours of arrest. Having an attorney at arraignment can influence bail conditions.
Preliminary hearing (felonies): Within 10 days of arraignment, the prosecution must show probable cause. This is the defense’s first opportunity to challenge the evidence and cross-examine witnesses.
Grand jury indictment: For felonies, a grand jury must indict. The defense can present evidence and witnesses to the grand jury in some circumstances.
Discovery and motions: The defense reviews all evidence, files motions to suppress illegally obtained evidence, and prepares for trial or negotiates a resolution.
Trial or plea: Cases resolve through dismissal, plea negotiation, or trial. Over 90% of criminal cases in Kentucky are resolved through negotiation — making your attorney’s relationships with prosecutors and knowledge of local court practices critically important.
What’s at Stake Beyond the Criminal Penalties
A criminal conviction in Kentucky affects far more than your freedom. It impacts employment (background checks are standard in most industries), housing (landlords routinely screen for criminal history), education (college admissions and financial aid), professional licensing (healthcare, law, education, finance), gun rights (felony convictions trigger permanent federal firearms prohibition), voting rights (felony convictions suspend voting rights until restored by the Governor), and family relationships (custody, adoption, foster care eligibility). For non-citizens, even misdemeanor convictions can trigger deportation. Clark + Harris fights to protect the full scope of your life — not just the criminal case. Flat fees. Payment plans available. Call 859-474-0001.
Understanding KRS 189.370 — Improper Passing of a School Bus in Kentucky
Few traffic violations are taken more seriously in Kentucky than illegally passing a stopped school bus. Under KRS 189.370, passing a school bus that is stopped with its warning lights activated and stop arm extended is a criminal offense that carries significant penalties. With the safety of children at stake, law enforcement and prosecutors throughout Lexington, Louisville, and the Commonwealth treat these violations with zero tolerance.
At Clark + Harris, we defend clients facing school bus passing violations and understand that these situations sometimes arise from confusion about the law rather than disregard for children’s safety.
What Does KRS 189.370 Require?
KRS 189.370 requires all drivers approaching a school bus from either direction to stop when the bus has its amber or red warning lights activated and its mechanical stop arm extended. Drivers must remain stopped until the bus resumes motion or deactivates its warning devices. The requirement applies to both directions of traffic unless the road is divided by a physical median or barrier. On divided highways with a physical separation, only traffic traveling in the same direction as the bus must stop.
Elements the Prosecution Must Prove
The Commonwealth must prove that you were operating a motor vehicle, that a school bus was stopped with its warning lights activated and stop arm extended, and that you passed the bus in violation of the statute. Many school buses are now equipped with stop-arm cameras that capture the license plate, make, model, and sometimes the driver’s face of vehicles that pass illegally. This video evidence is frequently the primary evidence in these cases.
Penalties
A first offense of passing a stopped school bus is a Class B misdemeanor, carrying up to 90 days in jail and fines ranging from $200 to $500. A second offense within five years is a Class A misdemeanor (up to 12 months jail, fines $500 to $1,000). If a child is struck and injured, the penalties escalate dramatically to felony-level charges including wanton endangerment or vehicular assault. Points are added to your driving record, and insurance consequences can be severe for Lexington and Louisville drivers.
Common Defenses
Defenses include arguing that the school bus warning lights and stop arm were not properly activated, that road conditions or visibility prevented you from seeing the bus, that you were on the opposite side of a divided highway and not required to stop, and challenging the stop-arm camera evidence including the identification of the driver. If the bus equipment malfunctioned or the bus driver activated the stop arm in an inappropriate location, these circumstances may support a defense.
How Clark + Harris Can Help
School bus passing violations carry serious penalties and social stigma. The attorneys at Clark + Harris will review the evidence, challenge the prosecution’s case, and fight for the best outcome. We handle traffic defense throughout Lexington, Louisville, and Kentucky.
Fight your school bus citation. Call Clark + Harris at 859-474-0001.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Kentucky Insurance Fraud (KRS 517.050) | Clark + Harris
- KRS 456 – Dating Violence Protective Orders (IPOs) in Kentucky
- RCr 7.22 – Motion for Directed Verdict in Kentucky Criminal Trials
- Bribery of a Witness in Kentucky — KRS 524.060
- Possession of a Controlled Substance 3rd Degree in Kentucky — KRS 218A.1417