In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(c), if the court determines by a preponderance of the evidence that: (1) The person was charged and arrested by a peace officer with violation of KRS 189A.010; (2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010; (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1) as charged; and (4) There is probable cause to believe that the person was involved in an accident that resulted in death or serious phys ical injury as defined in KRS 500.080 to a person other than the defendant; then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107.
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