Kentucky DUI Defense Lawyer

Happy New Year

Season's Greetings and Best Wishes For a Happy New Year.   Remember, if you must drink to celebrate the holidays, please do not drive.

Post by Nicholasville Kentucky Personal Injury, Criminal Defense, and DUI Attorney Stephen J. Isaacs.

Police Must Make Reasonable Efforts to Accommodate Independent Blood Test In DUI Cases

Kentucky law provides for independent testing in Kentucky DUI cases under certain conditions. An individual arrested for driving under the influence who has submitted to the initial test (i.e.: Intoxilyzer 5000en breath alcohol concentration test, blood test, urine test) administered by the state is allowed an independent test by a test facility of their own choosing within a reasonable time of the arrest at the individual's own expense to compare with or controvert the police officer's test. 

Because an individual is in police custody during the period when they are entitled to an independent blood test, the law requires some level of facilitation by the police to afford the individual this right. This is required because the individual usually does not have the liberty of arranging for the test themselves.

In order to give effect to this right, the Kentucky law requires minimal police allowance and assistance.  In determining if the police provided requires minimal allowance and assistance, the trial court must decide if, considering all of the factors (also known as the totality of the circumstances), the officer made a reasonable effort to accommodate the accused who seeks an independent test. The factors to be considered include, but are not limited to, the following: (1) availability of or access to funds or resources to pay for the requested test; (2) a protracted delay in the giving of the test if the officer complies with the accused's requests; (3) availability of police time and other resources; (4) location of requested facilities, e.g., the hospital to which the accused wants to be taken is nearby but in a different jurisdiction; (5) opportunity and ability of accused to make arrangements personally for the testing. 

Failure of the police to provide the required assistance could result in the suppression of the Commonwealth’s chemical test results. However, the prosecution of the DUI trial may still proceed with the existing evidence.

Post by Nicholasville Kentucky DUI Attorney Stephen J. Isaacs.

Police Officer May Testify About Defendants Impairment

In Kentucky, the observation by a police officer of a person's appearance and behavior is sufficient for the officer to express an opinion about the degree of the defendant's intoxication and the defendant's ability to operate a motor vehicle safely. This may be bad new for DUI defendant's who do not believe the officer actually witnessed them driving under the influence. 

The Kentucky DUI statute, KRS 189A.010(1) does not require proof of bad driving, only proof that the operator was under the influence of alcohol and/or any substance which impaired their ability to drive.

Post by Nicholasville Kentucky DUI Attorney Stephen J. Isaacs.

DUI Lawyer Elicits Unbelievable Tesimony In DUI Trial

I enjoy being a Kentucky lawyer. At times I find myself wondering what surprises are in store for me: either from my clients, witnesses, medical providers, police officers, defendants, or counsel. 

For example, as a DUI lawyer at trial, I elicited testimony from a Lexington, Fayette County, Kentucky police officer that he never lost sight of my client - not once - while viewing my client standing on the curb over his right shoulder and at making four progressive left turns around an alley block and maneuvering his cruiser behind the suspect's vehicle.  Impossible you say?  The jury thought so too: they found my client innocent and returned a verdict of NOT GUILTY of Driving Under the Influence. (Of course, the fact that the evidence showed my client had a broken right foot, could not drive, did not own the car, sat in the passenger seat, and that another person also arrested admitted to driving the vehicle didn't hurt!)

Post by Lexington Kentucky DUI Attorney Stephen J. Isaacs.

Cost of DUI

Recently I provided a post of the collateral consequences of a DUI conviction.  Now AAA has provides some figures as to the cost of a DUI.

According to the AAA Auto Club of Southern California, people convicted of driving under the influence could lose many of the important things in their lives, such as family, job, dignity and money. In California, AAA estimates that a first time DUI conviction can cost about $13,468 in fines, penalties, restitution, legal fees and insurance costs.

More.

Let me know what you think about the cost of a DUI: just send me a comment.

Post by Lexington Kentucky Lawyer Stephen J. Isaacs, Isaacs Law Office, KentuckyNotGuilty.

Most Party Hosts are Underinsured

The Courier Journal recently reported that most party hosts do not have enough insurance coverage if one of their holiday guests leaves the celebration drunk and gets involved in a crash.

They relied on a study from Trusted Choice, a group of 7,000 insurance agencies, which stated that most party hosts are under-insured.  And while the guest may not sue their friends or the host of the party, the person by the guest injured may sue the host.

Be smart this holiday. If you plan to serve alcohol at your party, hold the party at a restaurant or bar which has a liquor license and arrange transportation or overnight accommodations for intoxicated guests.

More.

Drunk Driving Deterrents

To reduce drunk driving, we need to modify our current system of deterrents, and modify how we raise our children.

To eliminate drunk driving, I am of the opinion that society as a whole needs to attack the causes of alcoholism.  To attack alcoholism, we need to understand and overcome the reasons for alcoholic addictions.  I am of the opinion that these addictions are programed into us in part by our educational system, by our religious institutions (in general), by our parents, and by our government.  My opinion is not designed to blame others, but to merely explain my observations in an attempt at causing change. I do believe that to attack alcoholism and therefore reduce drunk driving, society must follow a two step process to change current deterrents and change how we raise our children.

I believe that to reduce Drunk Driving, we need to modify the current methods of deterrents to include both psychological counseling AND nutritional counseling.  As a trial lawyer, my medical experts have informed me that the physical cravings of the alcoholic must be suppressed, or that the psychological counseling will probably fail. These cravings can be met through better nutrition and vitamins. By eliminating the cravings, the desire for drinking alcohol can be  reduced, and therefore a reduction in driver impairment.

However, to eliminate Drunk Driving, we need to change how we raise our children and begin by developing and promoting programs to educate parents.  By changing how parents care for their children very early in life, we as a society can promote proper emotional, educational, and social skills. Studies have found that 50 percent of our ability to learn is developed by age 4, and 30 percent by age 8.  Providing the proper role model to children early in their development is therefore extremely important.  Farmers follow similar principles wherein they know that if they are going to have good crops, they must first properly prepare the soil with needed fertilizer and water.  Parents need to do the same for their children. By providing the proper guidance and social programs to teach parents how to raise their children, we as a society can stop the causes of alcoholic addictions and therefore eliminate Drunk Driving.

Post by Lexington Kentucky Lawyer Stephen J. Isaacs, Isaacs Law Office, KentuckyNotGuilty.

Campbellsville Kentucky Police Officer of the Year

The Cambellsville Kentucky Police department recently nominated Officer Jermaine Kilgore as  as Campbellsville Police Department's 2006 Officer of the Year.

Over the past year, Kilgore earned the Campbellsville Police Department Traffic Safety Award,  arrested 71 impaired drivers, cited 900 drivers, investigated 30 traffic collisions, investigated 90 criminal cases and 48 drug related cases.

More.

Post by Lexington Kentucky Lawyer Stephen J. Isaacs, Isaacs Law Office, KentuckyNotGuilty.

DUI Hardship Licenses

A hardship license may be available to individuals convicted of DUI in Kentucky and who have not refused a test of their breath, blood, or urine by the arresting officer (these tests do not include the a PBT refusal which is not admissible in Kentucky Courts).

The court may grant a hardship license at any time following the expiration of the minimum license statutory suspension period for the balance of the suspension period imposed by the court, upon written petition of the defendant or their attorney, but only if the defendant can show the court that the license revocation would hinder the person's ability to:

1. Continue their employment;
2. Continue attending school or an educational institution;
3. Obtain necessary medical care;
4. Attend driver improvement, alcohol, or substance abuse education programs; or
5. Attend court-ordered counseling or other programs.

Should the court grant a person hardship driving privileges, the court through court order, may:

1. Prohibit the person from operating any motor vehicle or motorcycle without a functioning ignition interlock device;
2. Require that the person comply with all of the requirements of the Ignition Interlock Device Statute (KRS189A.340); and
3. Require the person to install an ignition interlock device on every vehicle owned or leased by the person who is permitted to operate a motor vehicle.

Post by Lexington Kentucky Lawyer Stephen J. Isaacs, Isaacs Law Office, KentuckyNotGuilty, Kentucky DUI Defense Lawyer.

Cost of Not Hiring a DUI Attorney

As a DUI and Criminal Defense attorney, on occasion I have had prospective clients who, after consulting with me about my services, decided not to hire an attorney to defend them against DUI 1st and related criminal charges.  A primary reason for not retaining legal defense attorney services is cost.  I admit, the cost of hiring an attorney - any attorney - to defend against a charge of DUI may be high. However, the total cost of not hiring an attorney to defend against a DUI charge may be higher than hiring a criminal defense lawyer.

For instance, a doctor friend informed me that his son's auto insurance policy increased to approximately $1,000.00 per month after his son was convicted of DUI, and remained high for years. After listening to him share the public facts of his son's arrest and conviction, I realized that I may have had success in defending his son's DUI case for considerably less than the increased cost of insurance.

Other stories I have overheard from non-clients and lawyers in Jessamine, Woodford, Scott, Clark, Bourbon, and Fayette County District courtrooms were more typical than not: the defendant's thought they could negotiate a plea bargain with the local prosecutor, but were convicted of DUI, lost their driving privileges, and in some cases, lost their jobs and could no longer make their house or car or  insurance premium payments.  Additionally, I have observed and have defended many cases where the individual convicted of DUI gets back in the car and drives anyway so as to continue working, only to be stopped at a later time and arrested for new criminal charges, including Driving on a DUI Suspended License.

Therefore, a person charged with DUI should consider the true costs of not hiring an attorney.

Posted by Lexington Kentucky Lawyer Stephen J. Isaacs, Isaacs Law Office, Kentucky DUI Defense Lawyer.