Ky. Rev. Stat. § 281.765

Enforcement of motor vehicle laws -- Arrests -- Bail bonds

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Any peace officer, including sheriffs and their deputies, constables and their deputies granted police powers, city police officers, county police or patrols, and special officers appointed by any agency of the Commonwealth of Kentucky for the enforcement of its laws relating to motor vehicles and boats or boating, now existing or hereafter enacted, shall be authorized and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, and for violations of any other law relating to motor vehicles and boating, without warrant if the offense be committed in his or her presence, and with warrant or summons if he or she does not observe the commission of the offense. When in pursuit of any offender for any offense committed within his or her jurisdiction, any such officer may follow and effect an arrest beyond the limits of his or her jurisdiction. If the arrest be made without warrant, the accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon it shall be the duty of the officer to so take him or her. If the accused elects not to be so taken, then it shall be the duty of the officer to require of the accused a bail-bond in a sum not less than one hundred dollars ($100), conditioned that the accused binds himself or herself to appear in the court of jurisdiction at the time fixed in the bond, not however in any case later than six (6) days from the day of arrest. In case the arrested person fails to appear on the day fixed, the bond shall be forfeited in the manner as is provided for the forfeiture of bonds in other cases. No officer shall be permitted to take a cash bond. The officer making the arrest and taking the bond shall report the same to the court having jurisdiction within eighteen (18) hours after taking such bond. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 90, sec. 24, effective January 1, 2023. -- Amended 2019 Ky. Acts ch. 44, sec. 23, effective June 27, 2019. -- Amended 1974 Ky. Acts ch. 305, sec. 1, effective June 21, 1974. -- Created 1950 Ky. Acts ch. 63, sec. 40, effective June 15, 1950.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1984–2025 · leading case: Wilson v. Bureau of State Police

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Wilson v. Bureau of State Police (1984) kyctapp · cites it 20× “In the proceedings below, appellant maintained that KRS 281.765 imposed an absolute duty on him to enforce the traffic laws against the operators of all vehicles so that, if he knowingly failed to do so, he could be prosecuted under KRS 522.”

Howard v. Transportation Cabinet (1994) ky · cites it 15× “The trial court concluded that vehicle enforcement officers have an obligation to enforce DUI laws with regard to all types of motor vehicles, pursuant to KRS 281.765 and KRS 189.010 through 189.090.”

Meghoo v. Commonwealth (2008) ky · cites it 5× “Appellant maintains that as the statutory authority for vehicle enforcement officers under KRS 281.765 extends only to motor vehicle offenses, the vehicle enforcement officers had no authority to conduct the canine sniff test, and certainly no authority to search his vehicle or…”

Collins v. Commonwealth, Transportation Cabinet, Department of Highways (2017) ky · cites it 2× “It is important to note, although neither party has cited this statute, that KRS 281.765 imposes upon “peace officers” the specific statutory duty of “enforcefing] the provisions” of the motor vehicle laws of the Commonwealth.”

Tony Wright Coffey v. Lexington-Fayette Urban County Government (2021) kyctapp “However, in its order denying Appellants a temporary injunction, the court concluded no statute vested constables with the authority to 5 KRS 281.765 (authorizes constables to enforce traffic laws); KRS 189.”

Kentucky Constables Association, Inc. v. Kentucky Department of Corrections Criminal Justice Training (2025) kyctapp “280, KRS 281.765, and KRS 446.010. -6- (a) The specific powers and duties enumerated in this chapter; (b) The power to distrain for his or her fees or for that of other officers as provided in KRS 64.”

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