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Can a prosecutor amend a dui charge to rid the charge of aggravating circumstances? Are there any statutes or case law on point?

Authors Response:
KRS 189A.010(9) and KRS 189A.120 both address this question. The simple answer is, it depends on the aggravator. For example, if the aggravator is a refusal on a DUI First Offense, then the prosecutor may choose to amend the aggravator to no aggravator because of the statutory language.

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