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Code Enforcement Board impounds vehicle for 4 months after video of downtown burnout
Summary
After police video showed a vehicle performing a burnout near Baxter and Highland avenues, the Louisville Metro Code Enforcement Board found a Vehicle Reckless Driving Exhibition ordinance violation and ordered the vehicle impounded for four months and a $1,000 fine.
The Louisville Metro Code Enforcement Board ordered a vehicle impounded for four months and assessed a $1,000 fine after reviewing video evidence that a car performed a reckless driving exhibition near Baxter and Highland avenues in early March.
Officer Kenneth Lawrence of the Louisville Metro Police Department testified under oath that dash and body-camera footage show black tire marks, smoke and a crowd in the roadway and that the vehicle tied to the citation "crosses the yellow line" and endangered nearby pedestrians. "This currently is at the intersection of Baxter and Highland Avenue," Lawrence said while identifying the scene and estimated the incident occurred March 1 at about 1:41 a.m.
Defense counsel Nick Mudd objected to certain constitutional and suppression arguments and said he was placing issues "on the record" for a potential district court appeal. The board limited the hearing to whether the conditions of the ordinance were met. Defendant Nolan Lyons testified he and others heard a loud noise that he believed might have been a gunshot and that he "was trying to get out of there"; he also said he was leaving a nearby taproom when the event occurred.
Assistant county attorney Jason Fowler recommended a four-month impoundment and a $1,000 fine while noting the board's authority to impose the ordinance penalties but not to adjudicate constitutional claims. After hearing the evidence and testimony, the presiding board member concurred that the ordinance had been violated and stated, "I will go ahead and impound this vehicle for 4 months and impose the thousand dollar fine." The board’s decision included procedural guidance about appeal rights and immediate issuance of the written order.
The board’s action reflected its assessment that the video and officer testimony established the elements of the local reckless-driving-exhibition ordinance; defense counsel was admonished that constitutional or suppression challenges are matters for the district court on appeal, not for the board’s factual finding. The board provided instructions for obtaining the written order to begin any appeal process.
