Terms Used In Kentucky Statutes > Chapter 189A - Driving Under the Influence

• Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
• Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Kentucky Statutes 189A.005
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney: means attorney-at-law. See Kentucky Statutes 446.010
• branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
• Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal: refers to the United States. See Kentucky Statutes 446.010
• Ignition interlock certificate of installation: means a certificate providing that the installed ignition interlock device has been installed and is certified for use in the Commonwealth under KRS §. See Kentucky Statutes 189A.005
• Ignition interlock license: means a motor vehicle or motorcycle operator's license issued or granted by the laws of the Commonwealth of Kentucky that, except for those with an employer exemption under KRS §. See Kentucky Statutes 189A.005
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means any driver's or operator's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state including:
  (a) Any temporary license or instruction permit. See Kentucky Statutes 189A.005
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• provider: means any person or company certified by the Transportation Cabinet to engage in the business of manufacturing, selling, leasing, servicing, or monitoring ignition interlock devices within the Commonwealth. See Kentucky Statutes 189A.005
• Refusal: means declining to submit to any test or tests pursuant to KRS §. See Kentucky Statutes 189A.005
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
• Statute: A law passed by a legislature.
• Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
• Treatment: when used in a criminal justice context, means targeted interventions
  that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Year: means calendar year. See Kentucky Statutes 446.010