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A Quick Note From the Road

It was a very regal setting at Olde Stone today:

A couple of things as we wind down from our trip to Olde Stone in Bowling Green (put up an 83 from the blue tees…best course I have played in the state) and get ready for the live radio show from Media Day tomorrow:

The Rod Strickland “arrest” today was a total disaster for everyone involved. It looks as if there may have been a state clerical error that caused Strickland’s Kentucky license to look as if it was suspended when it actually was not. The Herald Leader wrongly reported on Twitter for a few minutes that Strickland had a DUI. And because of the initial false reports, Strickland’s name was dragged through the mud, potentially incorrectly. A lose/lose for everyone involved.

But you know what the kicker could be. From my very rudimentary understanding of what happened, I think the Lexington police may have made a mistake in the actual arrest of Strickland. Last year, the Kentucky legislature passed House Bill 463, which changed a number of provisions of Kentucky criminal law. Among those changes, was a restructuring of what crimes an individual can be arrested for. Prior to the bill, if someone was driving on a suspended license, they were eligible for arrest. But following the passing of that bill (which I believe went into effect last summer), driving on a suspended license was not one of the crimes for which one could be arrested. There are a couple of minor exceptions to the new law which I would not think would apply (risk of officer health, danger to flee, etc), but in general driving under a suspended license is now not an arrestable offense.

So let’s assume for sake of argument that there wasn’t a clerical error and Strickland’s license was suspended. It would see that the police still under the new statute are not allowed to arrest for such an offense. Without the arrest, it is simply a citation, Strickland either deals with the punishment or the clerical error is found, and everyone goes on their merry way. More importantly for Strickland, the entire story likely never makes the news. I don’t think anyone in the media has asked the police for comment on the new law and how it may have affected the arrest and as far as I know, no one has even looked into the issue. But I think there is a very good argument that not only was Strickland’s license potentially not suspended, even if it was, the arrest was improper and against the new Kentucky statute. We shall see how it plays out.

UPDATE: A couple of you in the comment section make the point that a DUI suspended license is different than a regular suspended license and that this could be the difference. However it is not clear to me that this would be a “DUI suspended license” as there are reports it was due to some reporting requirements in Tennessee. Plus I am not sure that difference exists in the first place, as I don’t see that in the House Bill 463. However, I certainly defer to people who know more about it than I do (which could also include commenters). I guess we shall see as I am sure that someone will ask the police this tomorrow. Either way, enough law for one night…”Louie” is about to come on.

And with that, law dog retires for the night and leaves you with this gem from Kige Ramsey that I referenced today on the radio show. I hadn’t seen Kige in quite a long time until today and it was great to see the King of YouTube Sports. Here is one of his finest hours…an interview with Joe Crawford and Ramel Bradley for the ages:

Article written by Matt Jones

35 Comments for A Quick Note From the Road

  1. Elementary Watson
    9:43 pm August 2, 2012 Permalink

    Well, with all of the rudimentary understandings and a “pretty sure,” we may have to change the name of this blog to “Kentucky Law Radio.”

  2. new info
    9:46 pm August 2, 2012 Permalink

    There is anew twist. His license is suspended in tenn. He did not have insurance when he was pulled over there. How this is possible, I have no clue.

  3. TiMeFor9
    9:47 pm August 2, 2012 Permalink

    What about the latest part…the suspended license in TN which may be the caused the suspension to show up instead of clerical error?

  4. TiMeFor9
    9:47 pm August 2, 2012 Permalink

    Ah 2 beat me. I type slow on this phone.

  5. TiMeFor9
    9:48 pm August 2, 2012 Permalink

    Uh slow and my grammar sucks. Wth happened in my post? Dang phone!

  6. Steve-O
    9:49 pm August 2, 2012 Permalink

    Strick was originally, though erroneously, arrested and charged with the crime of driving on a DUI-suspended driver’s license, which is different in kind from a garden-variety suspended OL. Assuming that his license had still been suspended pursuant to a DUI, I believe his arrest would have been permissible.

  7. Mike
    9:50 pm August 2, 2012 Permalink

    You can not arrest for driving on a suspended O/L anymore, but u can for DUI suspended. I’m sure he was most likely showing DUI suspended.

  8. question
    9:53 pm August 2, 2012 Permalink

    How can someone with his type of money not have insurance? Shows a lack of maturity on his part.

  9. Come on Man
    9:56 pm August 2, 2012 Permalink

    If the license was originally suspended for DUI then an arrest is still acceptable. Your correct on most of your comments about House Bill 463, but if your not sure that the arrest is valid, don’t make comments in bold that the police are not allowed to make the arrest.

  10. schwing
    10:03 pm August 2, 2012 Permalink

    with the atrocious driving skills of those who legally have driver’s licenses, does it really matter if rod’s was suspended or not?

  11. Vrvtbtb
    10:03 pm August 2, 2012 Permalink

    8. It happens all the time. Lots of people don’t know where their proof of insurance is if they have it, and some let it lapse and thereafter acquire insurance and the charge is dismissed. If this was Strickland’s only charge we wouldn’t even have heard about it. It might be less serious than a speeding ticket.

    I’m a little baffled by the number of comments I’ve read in the spirit of “lock em up and throw away the key” or looking down on the guy for a pretty minor traffic offense. This country is ripe for an authoritarian government. Think for a minute before you react.

  12. TCat
    10:05 pm August 2, 2012 Permalink

    First off I love everything Kentucky but do not agree with any material in this article. I think it is allowed to arrest for Suspended Licence (Implied Consent) but how could it not for just a suspended license. If you do not have a valid license you are not legally allowed to drive on the roadway and are not covered for insurance. I do not think the officer should have arrested but do disagree with him unable to legally arrest him.

  13. bill
    10:17 pm August 2, 2012 Permalink

    We’re talking about Lexington Police…im sure they didnt know if they could or not, but they will anyway hoping nothing will come of it and fines are paid

  14. SoCal Will
    10:20 pm August 2, 2012 Permalink

    I am not a lawyer and am not typing from a Holiday Inn Express but if I were Rod I would find a creative well respected lawyer and go on the offense. I think even a law student could prove considerable monetary damages for someone trying to become a D-1 head coach. Of course, “law” is just “geography” so what do I know?

  15. Dragonophile
    10:28 pm August 2, 2012 Permalink

    When a legal issue can’t even be definitively assessed by a lawyer, then it’s time to make legal language (laws) more understandable. I have always felt lawyers should only propose most laws & then have English majors translate those into readable sentences. Of course there are some issues too technical for every day language, but I feel most laws could be put into easier language & then perhaps the legalese used as a footnote for judges.

  16. Mark
    11:08 pm August 2, 2012 Permalink

    (1) there was no DOT clerical error,
    (2) Strickland received a license suspension after the TN DOT notified the KY DOT of an issue related to prior cases in TN,
    (3) KY DOT then suspended Stricklands valid KY license,
    (4) this was NOT related to a DUI, thus not a “DUI suspended license”,
    (5) the ERROR was made by the dispatcher who told the police officer that the license was suspended for a DUI,
    (6) Strickland SHOULD have been charged with “operating on a suspended license” (which is NOT an arrestable offense) and should not have been charged with DUI suspended (which is an arrestable offense)

    Hope that clears up some things.

  17. Ares
    11:16 pm August 2, 2012 Permalink

    So what I get is that he was arrested but should not have been.

  18. Wtf
    11:17 pm August 2, 2012 Permalink

    Am I the only saying wtf was he even pulled over for in the first place

    Profiling lex police is the answer
    I mean no one uses a turn signal not even the f’ing police
    Otw home I saw two cops never a turn signal

    I think we all know y he was pulled over n it wasn’t for suspended lic or signals

    That’s right the cop was a Louisville fan trying screw over uk…..


  19. Mark
    11:19 pm August 2, 2012 Permalink

    #17. Correct. Additionally, Strickland will be able to get the TN issue squared up rather easily.

  20. Melborne Mills
    11:34 pm August 2, 2012 Permalink

    Nah, I ain’t pass the bar but i know a little bit. Enough that you won’t illegally search my sh!t.

  21. Tammy's husband
    11:35 pm August 2, 2012 Permalink

    How they suspend without notice? Something seems off. And TN cannot suspend a KY license (and vice versa)

  22. Free Rod
    1:47 am August 3, 2012 Permalink

    TN is a no insurance state. They do not require insurance as a state law like Kentucky does. So there is no way this story holds water. The Lexington metro officer was trying to make a name for his self and it backfired. They have a history with JMM case. So I guess Lexington has so little crime now that our tax dollars are being spent on arresting people for not using turn signals. After things like this it should be no wonder 70% of people don’t trust the Goverment or the police department.

  23. smooth fan
    3:42 am August 3, 2012 Permalink

    I met Ramel tonight in downtown lex, and he couldn’t have been nicer. I told him I was a fan and he shook my hand and thanked me for the support. He did the same for at least 5 other people who stopped him. A class act, thanks Ramel.

  24. Stick with news
    6:47 am August 3, 2012 Permalink

    You really think the Lexington Police Department wrongly arrested someone a year after the new house bill? You don’t think they figured out what they are allowed to do and not do before now? KRS 281.765 I love this site for its UK news and funny posts, but if you want to give your opinion as a lawyer out bashing the police, then know your shit.

  25. PGA Tour Pro
    7:42 am August 3, 2012 Permalink

    Can guarantee you didn’t shoot 83 @ Olde Stone

    103 maybe

  26. stan
    8:05 am August 3, 2012 Permalink

    To be Honest, how does Rod recover from this? I feel sorry for him, I can’t help it. The rush to cover a story is always more important than the facts these days. He was convicted by several and should have been fired. It’s always hard to unring the bell. Good Luck Rod, no matter what the outcome.

  27. asdf
    8:27 am August 3, 2012 Permalink

    Simple question: If a person is not arrested for a suspended license, how are they supposed to get home, since they can’t again operate their car without again driving on that suspended license, which would instantly get them another citation as soon as they turned the key?

    How does this work? Anyone out there with a criminal record who can fill in the details?

  28. asdf
    8:29 am August 3, 2012 Permalink

    It’s true that you can sometimes drive all day in Lexington and never see a turn signal on another car…

  29. So what the real story is
    8:46 am August 3, 2012 Permalink

    This entire incident is a result of Rod’s irresponsible behavior, going back to, and including the charges back to, DUI. Boy, it sure will be great when the word on not driving DUI, or without insurance, and registering your vehicle, get’s out.

    BTW: In Kentucky, if your license is suspended in ANY states, it’s considered suspended in Kentucky, even if Kentucky has not issued a KY OL suspension.

    27: Hardship licenses cover your ability to get work or school. KRS is online and free. You forfeit the privilege to drive for non emergency, non work/school, related issues.

  30. So what the real story is
    8:53 am August 3, 2012 Permalink

    Also, be advised that ANY level of citable offense, PERIOD, is arrestable, even the littlest violation, if the officer has reason to believe the offender will not report for court. Say like… you have previous instances of “failure to appear” on your court record? Or maybe you just say, “This is BS, and I ain’t gotta come to court, because I’m innocent!”… Even for traffic offenses? Yup. Even for “jaywalking”. Matt’s an attorney. Why wouldn’t you consult him before pretending to speak with some knowledge?

  31. Ky Cop
    9:26 am August 3, 2012 Permalink

    I am a huge Cats fan but I hate when you post blogs always blaming the police for something. Rod Strickland is a grown ass man and should be more responsible especially since he is in the spot light. Everyone comes to his defense because he is a UK coach. Yes the police can still arrest for traffic related charges like being suspended, no insurance, reckless driving etc….Most police don’t because it is a minor offense but at the same time we weren’t there and don’t really know how Rod’s attitude was. I’m sure he’s probably a great guy but he might have talked his way into going to jail like the popular lines “Do you know who I am?”. “I will have your badge for this!”…etc…It is always possible that he was arrested by an officer acting legally but over zealous. Please refrain from blaming the entire Lexington Police Dept for screwing up if you disagree with 1 officers decision. It would be the same as me calling all UK coaches drunks because 1 coach got arrested for DUI.

  32. KyRevisedStatutes
    11:00 am August 3, 2012 Permalink

    The statute, as amended by House Bill 463, now reads:

    431.015   Citation for misdemeanor — Failure to appear.  

    (1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), and (d) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time.
    (b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is:
    1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010;
    2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or
    3. An offense in which the defendant refuses to follow the peace officer’s reasonable instructions.
    (c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785.
    (d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in the emergency room of a hospital pursuant to KRS 431.005(1)(f).

  33. Stick with news
    11:56 am August 3, 2012 Permalink

    To answer the question what do persons not arrested for driving on suspended do to get home? They walk, or do whatever is necessary, they drove when they shouldn’t have, their problem.
    Second the house bill does not over step other KRS, for example it is specifically stated officers have arrest powers for certain offenses such as shoplifting, that KRS would have to be repelled for tr house bill to effect arresting that offense. That’s why you can be arrested for criminal trespass 3rd degree, a lesser offense (technically a violation), but not criminal trespass 1st or 2nd degrees (both misdemeanors). There is a specific KRS that allows for the arrest of trespass 3rd degree. Which is why the house bill doesn’t take away arrest powers for operating on a suspended/revoked operators license, KRS 281.765.

  34. blueruuster
    12:25 pm August 3, 2012 Permalink

    Out with the old so glad to be in with the new Go Big Blue. Speaking of old those thirteen thousand megaphones on the ceiling are sucking the life and crowd noise out of Rupp arena. What a joke new hd cameras for our viewing pleasure would be a long overdue reward. UK fans should demand a jumbotron or threaten to still buy tickets for home games but watch at home. Long live technology and the hilarious carnival of carnage that becomes the wake of those who refuse to join in. Go Cats forever and ever amen!

  35. JRODUC26
    4:36 pm August 4, 2012 Permalink

    YES!!! Stick with news is 100% correct!!! You can still be arrested for operating on suspended/ revoked operator’s license…. where I live the Judge will complain if someone is cited instead of arrested for it.