Bowling Green: Dean Sexton: The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists. However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
Covington-Michael Bouldin: Remember, if you are charged with a crime, you have the right to have your attorney present at every proceeding and during any questioning by police or the prosecution. Don't risk facing a criminal charge alone.
Erlanger: Ruey Newsom: In Kentucky there is no right to have an attorney present prior to taking either field sobriety test or any type of blood alcohol tests. While there is a 5th Amendment right under the Constitution against self-incrimination, field sobriety tests and blood/alcohol tests do not fall within the meaning of self-incrimination. These tests have been adjudicated to be a search rather than self-incrimination. However, when a person under arrest asks to speak to an attorney, further questioning by the police officer is prohibited and as such all statements made by the individual under arrest may not be used.
Florence: William Fulmer: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI charges may result in fines, the revocation or suspension of your driver’s license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney like Mr. Fulmer can make all the difference in such a difficult case.
Georgetown
John Dutra: You should consult an attorney for individual advice regarding your own situation.
Jeffersonville-Patrick Renn: DUI as defined by the Kentucky Department of Transportation: "DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher. Prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. Requires that test be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions."
Lexington: C&G Law Group: There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces.
Lexington: Isaacs Law Office: Let's face it, people sometimes make errors of judgment - right or wrong - and they need a Legal Lifeline to help them protect their Constitutional Rights.
Lexington-Adele Brown: being charged with a crime is an overwhelming experience
Louisville: James Falk: DUI and Other Serious Traffic Offenses: Revocation or suspension of your driver’s license can have a significant impact on your life. If your license is revoked, you may be unable to get to work and you may risk losing your job. Revocation or suspension of a driver’s license is even more significant if your job requires a commercial driver’s license. If you need your driver’s license to be eligible to perform your job, you cannot afford to have your license suspended or revoked.
Louisville: Gailor Law Office: The criminal justice system is a maze of procedural and substantive elements which must be navigated by the defendant and which the government must follow with precision before the defendant can be penalized. The assistance of an experienced and trusted attorney is vital to insuring that a defendant is able to take advantage of all the protection afforded to the citizens of this country.
Louisville: Brendan McCleod: 189A.103. Declining may be either by word or by the act of refusal. If the breath testing instrument for any reason shows an insufficient breath sample and the alcohol concentration cannot be measured by the breath testing instrument, the law enforcement officer shall then request the defendant to take a blood or urine test in lieu of the breath test. If the defendant then declines either by word or by the act of refusal, he shall then be deemed to have refused if the refusal occurs at the site at which any alcohol concentration or substance test is to be administered;
Louisville: Nicholas Carlin: It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgements, act in emergencies, etc.
If you are convicted of a misdemeanor or a felony, you are facing serious consequences, including:
A Criminal Record
Large Fines
Court Costs
Restitution
Probation
Jail Time
Prison Time
Louisville: Stephen Petzinger: While not requiring absolute certainty, a juror must be persuaded that the amount of proof is such that he or she would be willing to rely on it without hesitation and with an abiding conviction. It is interesting to note that several years ago the U.S. Supreme Court struck the phrase "...and with a moral certainty," from the reasonable doubt instruction. If the juror has a doubt that is based on reason or common sense after impartial consideration of all the evidence presented, the prosecution has failed to meet the requisite burden of proof (reasonable doubt).
Middlesboro: Mike Taylor: Have you been charged with drunk driving? This is a serious charge. A DUI conviction can bring stiff fines and possible jail time. Your auto insurance rates can go up, and you might lose your driver's license.
Mt. Vernon: Clontz & Cox: f you or a loved one has been arrested or accused of a crime in Kentucky, whether in State or Federal Court, exercise your right to remain silent and seek legal advice immediately.
Paducah: Andrew Coiner: Motorists in Kentucky can be charged with five different DUI violations. Kentucky's different types of DUI are: (1) operating or in physical control of a motor vehicle under the influence of alcohol; (2) operating or in physical control of a motor vehicle with a prohibited alcohol concentration; (3) operating or in physical control of a motor vehicle while under the influence of any other substance which impairs driving ability; (4) operating or in physical control of a motor vehicle while under the influence of a combination of alcohol any substance which impairs driving ability; and (5) if under 21 years of age and operating or in physical control of a motor vehicle with a prohibited alcohol concentration. The Kentucky DUI laws cover operating or physical control of a motor vehicle "anywhere" in the state, which includes private property.
Paducah: Brant & Kautz: WHAT IS DUI? WHAT DOES IT MEAN IN KENTUCKY? In Kentucky the terms DWI/DUI are abbreviations of driving while under the influence of intoxicants (alcohol) or of anysubstance or substances which impair driving ability. Other substances Kentucky consider being intoxicants are illegal drugs,prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the countermedications. Kentucky DUI laws have an "Illegal Per Se" provision. "Illegal Per Se" (On the faceof or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher. Kentucky prosecutors no longer have to prove defendants were impaired if they are being tried for theper se clause.The test must be given within 2 hours of operation of motorvehicle for results to be admitted into evidence in per se DUI prosecutions. Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment. Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level. Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. The DUI laws have established minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist: Aggravating Circumstances that could result in higher minimum jail time include: 1. Exceeding 30 mph over the posted speed limit 2. Traveling the wrong way on a limited access highway 3. Causing an accident which results in a death or serious physical injury 4. Having a alcohol level of .18 or more within 2 hours after operating 5. Refusal to submit to testing 6. Transporting passengers under 12 years of age
Salyersville William Arnett: People sometimes feel shy about discussing legal problems and other personal matters. In these situations, it's comforting to know the law protects your confidential discussion with your lawyer. The law says your lawyer must keep your secrets secret, and cannot discuss them with anyone-including a court or government agency-unless you say otherwise. This is the attorney-client privilege.
Whitley City: Marcus Vanover: MPORTANT INFORMATION FOR ANYONE CHARGED WITH A D.U.I.: You should be aware that a D.U.I. conviction may result in harsher penalties if you are charged with another D.U.I. offense within five (5) years. Additionally, D.U.I. offenses result in mandatory license suspensions, and the length of these suspensions increase with additional offenses. There are also harsher penalties if you are charged with operating a motor vehicle while your license is suspended for D.U.I. If you are charged with a D.U.I., you do have certain rights that are guaranteed to all criminal defendants, including the right to remain silent, the right to a trial, the right to have your guilt proven beyond a reasonable doubt, and the right to appeal your case to a higher court if you are convicted. There are other rights that you have if you are charged of which you should be aware. Kentucky has recently enacted statutes making defenses to D.U.I. cases much more difficult. Nevertheless, defenses do exist. An attorney may know of legal defenses of which you are not aware that may be able to assist you in the event you are charged. I urge you to speak with an attorney to insure your rights are protected, even if it is not this office.