Kentucky DUI Defense Lawyer

What should you do when you've been stopped by the police for suspicion of driving under the influence

In Kentucky, Police stop vehicles for many reasons, not just for suspicion of DUI. But if you had been drinking or under the influence of a drug, then you need to do several things to increase your chance of being found innocent.

First, call a criminal defense attorney if possible. Some officers will cooperate with you and allow you to speak with an attorney if you inform the officer that you need to understand your rights.

Listen to the instructions from the officer and do not be rowdy, disruptive, aggressive or physical towards the officer. Do not give the officer grounds to arrest you because of your behavior. Be polite and respectful (they will appreciate the respect and may return the favor).

Do as little as possible and do not volunteer information. You will have to provide your name and present your drivers license, registration and proof of insurance. But you can stop there. Note that anything you say before the officer places you in custody can and probably will be used against you. According to the court in Miranda v Arizona, you have the right to ask for an attorney and remain silent when in police custody. Miranda applies ONLY if the officer asks you questions when in police custody. Note that not all traffic stops rise to the level of being in police custody: in these cases, the police may ask you questions without having to invoke your Miranda rights and then can use your statements as evidence against you. If the officer follows procedure, they will probably write down everything you say for the prosecutor to use. Therefore, be safe and invoke your right to remain silent: you do not have to answer questions such as how much you had to drink or if you had been smoking marijuana. You do not need to confess to the officer that you believe you are intoxicated or impaired.

Furthermore, the officer may demand that you take several “field sobriety” tests if the officer suspects you of driving under the influence. The officer intends to collect evidence against you using the field sobriety tests. The field sobriety tests commonly administered in Kentucky include the walk and turn test, the one leg stand, the horizontal gauze Nystagmus test, and a portable breath test. However, in Kentucky, these tests are voluntary: you can refuse to take these tests. A word of caution: be polite and respectful to the officer should you decide to refuse these tests.

In Kentucky an officer can arrest you based solely on his opinion as to whether you drove the vehicle under the influence. Should the officer decide to arrest you, they will transport you to a detention facility. There exists a good chance that the officer will record your voice during transit. Be aware of this fact and do not answer any questions in the police cruiser. You need to remain calm and quiet even if you believe the officer wrongly arrested you.

Once at the detention facility, the officer will again request that you submit to a test of your blood, breath or urine. All drivers operating a vehicle in Kentucky impliedly consent to submit to these tests. The officer should thereafter read you an implied consent form, which essentially states that that you have 20 minutes or less to contact an attorney for legal advice and that he will permit you to obtain an independent blood test (at your expense) if and only if you cooperate and submit to the requested blood, breath or urine tests. Should you decide to refuse to take the test, Kentucky law will presume guilt and increase the penalties levied against you should you later decide to plead guilty or if a jury finds you guilty. Remember, do not volunteer any information to anybody except for your attorney. Some Kentucky jailers record all conversations inside the detention centers and on the telephone. Any statements you make against your interest may be used against you at a trial of the matter.

Post by Lexington Criminal Defense Attorney Stephen J. Isaacs, Isaacs Law Office.

The United States Court in Miranda v. Arizona, 384 U.S. 436 (1966) held that statements made by a defendant during interrogation and while in police custody are admissible at trial only if the police had previously informed the defendant of his right to counsel with an attorney before and during questioning and of the right against self-incrimination before questioning by the police. The prosecutor could thereafter use at trial any voluntary statements made by the defendant. The Miranda court based its decision on the Fifth Amendment right to counsel and the right to remain silent.

Costs of a DUI - 2010

The costs of a DUI are increasing. Everybody knows that a DUI charge and conviction can devastate most people financially. MSN Money reports that a typical first time DUI costs around $10,000 after court costs, fees, towing, and increases in insurance, assuming there was no collision at the time of the DUI stop.

So How Did They Arrive at This Figure?

Bail. In order to be released after arrest and after the sobering up, the offender should plan on paying between $150 to $2500 for bail. Note that in Kentucky, after an interview by pretrial services, the offender could be released on their own recognizance or find themselves paying up to $2500 for bail, assuming there were no additional charges besides the DUI.

Insurance. As attorneys and DUI offenders know, a DUI stop can drastically affect the price of auto insurance. Some insurance companies will drop offenders upon learning of the charge – even before a conviction. Yet others will place the convicted offender in the high-risk category and increase their premiums. MSN Money estimates the insurance cost to be $4,500 or more on a national basis. It could take between three to eight years of “clean” driving for premiums to go back to a preferred status. In Kentucky, this attorney is aware of at least one insurance company which does not raise rates for a DUI-1st conviction.

Fines. For a DUI 1 st conviction, the fines and court costs will vary, ranging between $600 to $1,200. In Kentucky, based on the county, the fines and court costs for a DUI 1 st conviction are $718.00.

Alcohol Education and Treatment. Upon conviction, states require alcohol assessment and attendance at an education or treatment program. The costs vary. MSN estimates the costs to range from $150 to $2000.

Legal Fees. Then there are the legal fees to consider. MSN Money reports attorney fees ranging from $250.00 to enter a guilty plea, up to $25,000 for a complex and rigorous defense. Note that this does not include investigators to review witness and any other case related expenses.

Detention Center / Jail Fees.  In Kentucky, plan on spending additional money for booking fees. Additionally, some Kentucky jails charge a per day fee.  If you are lucky enought to be granted home incarceration to serve  your time, then plan for additional monitoring fees.

Ignition Locks. In some states, a court may order the installation of an ignition lock to prevent convicted offenders from driving if intoxicated. According to MSN Money, these costs can cost between $75 to $1290 / month, plus an installation fee.

License Reinstatement Fee. According to MSN Money, this fee averages $75.00. In Kentucky, this fee is $40.00.

Blood Testing.  In Kentucky, prior to providing evidence for the state in the form of your blood, breath or urine, you have the option of selecting to later have a blood test, which must be paid for at the time of the test.  The test costs around $400. 

Towing. If the officer choses to have your vehicle towed, it could cost the offender between $100 to $1,200 to reclaim their vehicle. Apparently Chicago charges $1,200 to tow the vehicle.

Intangible Expenses.  Then there are the intangible expenses to consider:

Lost time from work while in jail.

Loss of license resulting in lost time in getting around.

Possible loss of job and income.

Cost to obtain new job.

Possible loss of professional license.

Breakup of families (and associated divorce costs).

Stigma of being a drunk driver.

Increased life insurance premiums.

 

Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .

 

DUI Offenders Subject to Identity Theft

September 15, 2009 - The Department of Justice announced it has charged Donald Stoner, of Lancaster County, Pennsylvania, with conspiracy to commit identity fraud in a scheme wherein he targeted DUI offenders in Lancaster and York Counties.

According to the press release by Dennis C. Pfannenschmidt, United States Attorney for the Middle District of Pennsylvania, Stoner would target DUI offenders who hired private attorneys, reasoning that they would have money to steal in contrast to those DUI offenders who used public defenders. Stoner obtained the names of the DUI offenders using the internet, and would then obtain the DUI offender’s personal information directly from the court files in the clerk’s office using an accomplice. From the court files, Stoner and his accomplice obtained the DUI offender’s social security number, drivers license number and other identifying information disclosed in the court documents. Stoner and his accomplice thereafter opened fraudulent bank accounts, created phony email addresses, and applied for loans in the victim’s name.

As a result of this type of identify theft scheme, the clerk of court for York and Lancaster County were asked to redact identifying information from court documents prior to release to the public.

Stoner agreed to plead guilty to the charge. He faces up to five years’ imprisonment and $250,000 in fines upon conviction of the offense.

Post by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .

 

Breath Alcohol Concentration Tests Can Vary As Much As 20%

While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws with the science upon which Breath Alcohol Testing is based. 

Lung physiology researcher Dr. Michael P. Hlastala, Ph.D. Professor of Physiology, Biophysics and of Medicine Pulmonary and Critical Care Medicine of the University of Washington tested the consistency of measurements from breath alcohol concentration (BrAC) testing machines and compared them to measurements of blood alcohol concentration (BAC) measurements.  Dr. Hlastala discovered that the results could vary by as much as plus or minus 20%.

In his research, Dr. Hlastala states that:

. . . subjects with larger lung volume may have a lower BrAC than a subject with a small lung volume because these subjects do not need to exhale as great a fraction of their vital capacity as subjects with smaller lung volume to fulfill the minimum volume exhalation required before stopping exhalation (usually ~1.5 liters). A person with smaller lung volume must breathe farther into the exhaled breath, resulting in a greater BrAC-to-BAC ratio.   Michael P. Hlastala, Invited-Editorial on "The Alcohol Breath Test," 93 Journal of Applied Psysiology 405 (2002).

According to this research, breath testing machines based on the "average" person can result in a bias favoring individuals with large lung capacities causing a low BrAC-to-BAC ratio, and against individuals with small lung capacities causing a higher BrAC-to-BAC ratio.

Stated another way, a person legally under the influence with a 0.08 blood alcohol concentration and with large lung capacity may inaccurately measure 0.064 BrAC on a breath alcohol concentration test machine.   A person not considered to be under the influence with a 0.067 blood alcohol concentration and with a small lung capacity may inaccurately measure 0.08 BrAC on a breath alcohol concentration test device.

Post by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .

 

University of Kentucky Former Coach Billy C. Gillispie Charged With DUI

On August 27, 2009 at 2:24 a.m., Lawrenceburg Kentucky police stopped a vehicle driven by the former University of Kentucky basketball coach Billy C. Gillispie and charged him with DUI, first offense.

According to police records, the Lawrencebug Police Department (LPD) received a report of a possible intoxicated driver driving a white four door car with Texas plates heading northbound on U.S. 127 near the bypass near the Bluegrass parkway. The LPD dispatcher sent officers to intercept the vehicle.

Upon observing a white Mercedes vehicle on the opposite side of the highway meeting the subject vehicle description, Officer Corley reported that he clocked the vehicle on radar at 63 mph in a 45 mph speed zone. Officer Corley turned around to pursue the vehicle and reported that he observed the white 2009 Mercedes C300 with Texas plates swerving across the fog and center lines, and alternating speed between 50 to 55 mph. After conducting a traffic stop, Officer Corley reported that the driver, Billy C. Gillispie, had a strong fruity smell coming from his person, had red glassy eyes, and slow slurred speech. Officer Corley reported that Mr. Billy C. Gillispie declined to take the field sobriety tests and portable breath test. Mr. Gillispie was thereafter arrested for DUI and transported to the Lawrenceburg Kentucky detention center. The records also indicate that Mr. Gillispie also refused tests of his breath and blood at the detention center.

Gillispie was arraigned later the same day. He entered a not guilty plea and was released on personal recognizance.

Billy C. Gillispie is known as the former coach of the University of Kentucky basketball team for the prior two basketball seasons. He is reportedly in town for negotiations to settle a lawsuit he brought against the University of Kentucky for breach of contract due to his dismissal by the University of Kentucky after two years into a seven year contract. The University of Kentucky alleges that no formal contract existed.

Post by Fayette County Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .

 

Tips For The Selection of a DUI Attorney

After a person is stopped and charged with DUI, they usually do not know where to go nor who to call for legal help.  Immediately after arrest while still in jail, out comes the telephone book and a search in the yellow pages for attorneys.  Or perhaps the arresting officer or booking officer knows the name of a DUI lawyer who can help. Maybe after arrest and release on bond an internet search is performed for a DUI defense attorney.  A DUI lawyer is selected and called. How do you know they are the right lawyer for your case? 

Several times this year I received telephone calls from parents of potential DUI clients. The conversation typically starts by the parent stating that they (their adult child) had just fired their DUI attorney and wanted to hire an experienced Kentucky DUI defense attorney. The former attorney's were either from legal aid or were private attorneys. Typically during the conversation I learned that the attorney's client had fired their DUI defense lawyer because the attorney had stated that there was no hope of defending the case and that the accused person should just plead guilty to the DUI. Obviously, the accused person disagreed with the advice.

So as to better meet their needs, I first verify that the representation had indeed been terminated. I also make it a habit of asking the caller how they chose the former DUI defense lawyer. I was not surprised by the responses I heard: they typically selected the former private DUI attorney based on cost: the former attorney's were either the least expensive or had quoted a very low fee to just plead their client's guilty. I also ask the caller why they chose to contact my firm. The parent's typically state during the conversation that they firmly believe in their (adult) child's innocense.  As such they inform me that they looked up the names of the local Kentucky DUI defense attorneys, made some inquiries of either prior client's or other non-DUI attorney's, and that they thereafter decided to contact my firm for more information on my services.  

During the conversations I have been told that some of the former DUI attorney's had quoted legal fees for the defense of DUI's without meeting with the accused, without determining the complete list of charges against the accused, and without getting the accused's observations of what the officer had done to make the stop and arrest.  I am of the opinion that it is difficult to determine how much work and time will need to be performed to properly defend a case without having the aforelisted facts. 

In discussing this topic with other attorney's, I have compiled a short list of questions a potential client should ask and have answered before selecting a DUI defense lawyer to handle their case.  Note that this list of questions is only a starting place, and is not meant to be all inclusive:  

1)  Does the lawyer handle the defense of DUI's on a regular basis?  

2)  Does the lawyer personally consult with the client to discuss the facts of the case, review potential records, and research the criminal charges before quoting the client a fee for the DUI defense?

3)  Does the lawyer impress you with their knowledge of DUI law?

4)  Has the lawyer lectured or taught or written articles on the subject?

5)  Does the lawyer listen to the client and discuss possible defenses to the charges? 

6)  Does the lawyer maintain a library upon which they rely and which includes procedures, manuals, books, and etc. used to train Kentucky officers in making a DUI stop and arrest?

7)  If the lawyer lives more than 40 miles away from the courthouse of the pending action, will they be able to effectively handle the case?

8)   If the lawyer lives more than  40 miles away from the courthouse of the pending action, will they charge more for travel time to handle the case?

9)   Can the DUI attorney explain to the client a comparison of risks vs benefits along with the associated costs to defend their innocense as opposed to just pleading guity?

Post by Fayette County Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .

Can Taxing Marijuana Save Kentucky?

In this challeging economy, a Lexington Kentucky attorney has a solution for Kentucky's budget crisis: legalize and tax marijuana. 

In a prepared statement, Attorney Gatewood Gailbraith, former political candidate for governor of Kentucky, states that Kentucky is looking for new sources of taxation and seems bent on adding a "sales tax" on services including our legal fees. However, he points out that "there is a much larger source of revenues lying untapped which will keep them out of our pockets and solve our budget problems for years to come."  Galbraith's solution, tax marijuana.

In a letter to Kentucky Governor Steve Beshear, Galbraith argues that Kentucky should take advantage of this opportunity by studing ways to tax and regulate cannabis (marijuana and hemp) so as to help Kentuckians. 

As an example, Galbraith calculates "that getting 30 joints per ounce, the Kentucky public consumes 114,000 ounces of marijuana per day. At a $100 per ounce tax, that would yield the Commonwealth an additional $511 MILLION in new taxes the first year. If we were the first [state] east of the Mississippi River to pass these laws, the income would be astronomical, dwarfing the gambling/casino commerce to Kentucky." Gatewood prepared a chart entitled "Are You Tough Enough for The Truth", wherein he states that "in 07, Kenucky was ranked 2nd in total domestic marijuana production wih most of this production going out of state".  According to Gatewood's calculations, Kentucky could realize new annual income of at least $1,7893,283,200.00. 

 

Note:  The views contained herein by attoney Gatewood Galbraith regarding legalizing marijuana are the views and opinions of Gatewood Gailbraith and are not the views of the author.  Documents received from attorney Gailbraith are used with permission of Gatewood Galibraith. It is illegal to use and / or possess and / or sell marijuana in the Commonwealth (State) of Kentucky.

Article by Lexington Kentucky criminal defense Attorney Stephen J. Isaacs, Isaacs Law Office.

Stay informed: add this blog to your Technorati Favorites, . . .