Louisville DWI Lawyers
- Davis Law Office:
* Speeding
* DUI/DWI
* Reckless driving
* Running a red light
* Driving with no insurance
* Hit and run
- Gibson Law Offices:
Drunk Driving (DUI/DWI)/Traffic Violations - driving under the influence of alcohol or drugs (DUI), driving under the influence of intoxicating compounds (DWI), petitions to rescind statutory summary suspensions (suspensions resulting from DUI/DWI arrests), driving while driver's license is suspended or revoked, fleeing or attempting to elude police officer, aggravated fleeing or attempt to elude a police officer, leaving the scene of a property or personal injury accident, drag racing, aggravated speeding (driving 40 miles per hour or more in excess of the speed limit), reckless driving, aggravated reckless driving, speeding, speeding in a school zone, speeding in a construction zone, failure to stop at a stop sign, failure to obey a traffic control device, open alcohol in automobile, passing a school bus while stop sign is out, and all other traffic violations.
- Aleksander, Anna:
Traffic Violations
If you have been stopped for speeding or accused of violating a traffic law, Aleksander Law Office is here to help. A speeding ticket or another traffic violation may result in serious penalties beyond a fine including points being assessed to your driving record, a license suspension, and a significant raise in your insurance premiums. Investing in legal representation to protect your interests is the best thing that you can do for your driving record.
Going at it alone is not recommended. While you may very well be treated with respect, and may even reach a deal with the prosecutor on your own, there is no more comforting feeling than having an attorney by your side who knows the law and who is familiar with the facts and circumstances of your case.
Having an attorney may significantly improve the likelihood of your success in court. Remember, no matter how nice the prosecutors may seem to you, they are there to prosecute you and will be adversarial. The outcomes can differ depending on unique circumstances of each case. Anna Aleksander will be there to assist you either by reaching an acceptable plea agreement or by fighting your case in traffic court.
While court attendance is advisable, if you are busy with work or have other commitments, if your have an attorney your presence in court is not necessary. Giving your attorney the citation and having her come to court for you is all that you will need.
See Points Assessment in Kentucky - 601 KAR 13.025
Conviction for one (1) of the following serious violations of the motor vehicle laws may be cause for suspension of the driving privilege for the period of time indicated:
1. Racing - 90 days;
2. Speeding 26 MPH or more over limit - 90 days; or
3. Attempting to elude law enforcement officer by use of motor vehicle - 90 days. Conviction for any one (1) of the following moving traffic offenses shall be cause for assessment of the points indicated:
4. Speeding 15 MPH or less over the limit - 3 (except as provided in KRS 186.572);
5. Speeding 16 MPH or more, but less than 26 MPH, over the limit - 6;
6. Failure to stop for church or school bus - 6;
7. Improper passing - 5;
8. Reckless driving - 4;
9. Driving on wrong side of road - 4;
10. Following too closely - 4;
11. Failure to yield to emergency vehicle - 4;
12. Changing drivers in a moving vehicle - 4;
13. Vehicle not under control - 4;
14. Stop violation (electric signal, railroad crossing, stop sign) - 3;
15. Failure to yield - 3;
16. Wrong way on one-way street - 3;
17. Too fast for conditions - 3;
18. Too slow for conditions - 3;
19. Improper start - 3;
20. Improper driving - 3;
21. Careless driving - 3;
22. Failure to yield left lane - 3;
23. Improper lane usage - 3;
24. Failure to illuminate headlights - 3;
25. Failure to dim headlights - 3;
26. Any other moving hazardous violation - 3;
27. Commission of a moving hazardous violation which involves an accident - 6; or
28. Combination of two (2) or more moving hazardous violations in one (1) occurrence - 6.
The cabinet may:
1. Suspend the driving privilege of a person:
1. Eighteen (18) years of age or above who accumulates twelve (12) penalty points within a period of two (2) years;
2. Less than eighteen (18) years of age who accumulates six (6) or more penalty points within a period of two (2) years.
2. For a period of:
1. Six (6) months for the first accumulation;
2. One (1) year for the second accumulation.
- Brown, Denise:
* Traffic violations
* DUI/DWI/drunk driving
* Drug charges
* Juvenile crimes
* Underage possession of alcohol
* Underage drinking
* Truancy
* Robbery
* Burglary
* Assault
* Rape
* Domestic violence
* Weapons possession
- Butler, William:
Know your Rights
If you are stopped by the police, you do not have to consent to a search. If they do not have a warrant, you need not allow them to search your house, your car or your person.
You have the right to remain silent. You do not have to answer questions about your conduct. If you are arrested, you can help your case by asking for a lawyer, then keeping silent. Do not make any statements, written or otherwise, without clearing it with your attorney first.
- Baker & Griffin:
The Department of Motor Vehicles maintains a point system for Kentucky drivers. The more points you accumulate, the worse the consequence of subsequent violations. Additionally, the points can cause you to lose your driver's license or even impact your insurance premiums.
In Kentucky a traffic offense is considered any moving violation. Most often these violations include speeding, driving without insurance or drunk driving. Regardless of the type of violation, penalties exist and can bring fines and/or points.
- Barrow & Weigel:
Kentucky DUI Laws
Kentucky is notorious for inflicting tough penalties on those charged
with Driving Under the Influence. A blood alcohol concentration (BAC)
of .08 is all it takes enough to get arrested for driving under the
influence in the Commonwealth of Kentucky. Even first time offenders
face license suspension, fines and the possibility of jail time.
Knowing what to do when faced with arrest mean the difference in jail
time, job loss and your freedom.
It is not uncommon for the police to make mistakes in conducting DUI
arrests.
The Kentucky court process for DUI charges generally involves 2 or 3
steps. The major steps in the process are:
* The arraignment, during which a plea is entered and the judge may
set conditions of release, impose bail, or order you to stay in
jail; * A varying number of mandatory pre-trial court dates, during
which motions may be scheduled, a plea bargain may be entered, or
readiness for trial determined; * The trial, during which the facts
of a case are presented and decided on by either a judge or a jury.
The most complicated step in the process is the decision of whether or
not to take the case to trial. This decision is ordinarily based on the
circumstances surrounding your arrest, including the type and timing of
any BAC test.
- Coleman, Roles & Associates:
Criminal
Domestic Relations
Family Law
General Civil Litigation
Misdemeanors
Other General Practice
Personal Injury
Personal Injury Plaintiff
Traffic Violations
- Elliot, Dawn:
When You Get Arrested Dos & Don'ts
The Dos
Do be polite and as courteous as possible to the police.
Do ask for the police officer's name and badge number, or read it off of his or her badge. Try to remember it. Try to get a good look at the officer's face so that you can identify him or her later by that method, if necessary.
Do, if you are arrested in your car, show the police officer your driver's license and registration information. Note that in other situations where you are not stopped in your car, you cannot be arrested for the sole reason of refusing to provide information, including your name and address, to the police.
Do place your hands where the police can see them.
Do, if you are taken into custody, demand the right to have an attorney present before speaking to the police.
Do ask if you are under arrest. If you are, you have the right to be told why.
Do clearly inform the police that you will not speak to them about anything without an attorney being present.
Do, as soon as you can, write down everything that happened during the course of your arrest so that you can use that writing to refresh your memory at a later date.
Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible.
Do remember that you do not need to answer ANY question that the police ask of you. If you answer a question which at first seems harmless, be aware that it may come back to haunt you later.
The Don'ts
Don't offer information to the police, no matter what tactics they use.
Don't assume that the police have a search warrant just because they say that they do. If they say they have a search warrant, ask to see it.
Don't get into an argument with the police, no matter how hard they may try to bait you into losing your temper.
Don't initiate physical contact with the police, even if you mean them no harm.
Don't give them any reason to find you threatening. Do not give them the impression that you are hard to deal with or irritating.
Don't run away from a police officer if you see one (or more) approaching you. Running away may give the police reason to suspect that you are hiding something from them, even if you are totally innocent.
Don't interfere with or obstruct the police. If you do, you can face additional criminal charges.
Don't resist arrest. Even if you think you are innocent, the time to protest comes later. If you resist arrest, you may face additional charges.
Don't allow the police to listen in on any telephone call that you make to your lawyer once you have been arrested. While the police may listen in on conversations to other individuals, they cannot listen to a conversation with your lawyer because it is protected by the attorney-client privilege.
Don't speak to the police about anything before your attorney arrives and talks to you first.
Don't provide the police with any information other than your name and address if you are arrested unless your attorney is present and approves.
Don't sign anything, no matter what it is, without an attorney being present.
Don't say anything if your attorney instructs that you remain silent. Let your attorney do the talking for you, no matter how hard it may be to resist the urge to speak.
Don't agree to participate in a line-up without your attorney being present.
Don't lie to your attorney, or to the police if you choose to talk to them.
- Simon, Larry:
Consequences of Moving Traffic Violations For Drivers Licensed in Kentucky
What is the Kentucky Point System?
The Kentucky Department of Transportation assesses ÒpointsÓ against your driver's history record for almost all moving violations.
How does the Kentucky Point System work?
If a licensed Kentucky Driver receives a conviction for any ÒpointÓ violation, the points for that specific violation will appear on their driving record. Depending on the violation, a driver can be assessed 3, 4, 5, or 6 points. These points accumulate on one's record for a period of two years. If Twelve (12) or more points are assessed in this time period, an administrative hearing is scheduled. At this hearing, the hearing officer has the discretion to either suspend the person's driving privileges or place him or her on probation. However, if while on probation a new moving violation occurs, license revolation is mandatory.
How long do traffic violations remain on a driving record?
Two years from the date of conviction.
Is traffic school an option?
A licensed driver can attend traffic school once per year in Kentucky. No points will be assessed upon completion.
Do all traffic offenses have traffic school as an option?
No, some offenses carry the possibility of a suspension.
What if a person receives a traffic violation in another state?
All states recognize moving traffic violations when they occur by a licensed driver out of state. The penalties vary.
- Louisville: Shelly Lemons:
The sooner you have an experienced and aggressive criminal defense
lawyer on your side, the better your chances of successfully resolving
your legal issues. The stakes in a criminal investigation are high. I
know from experience that prosecutors take every case seriously. You
need someone who understands the system to protect you.
- 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.
- Bahe & Cook:
Criminal Laws in Kentucky
Kentucky crimes are generally referred to as offenses against the state, led by prosecutors who
attempt to build their case against you, including felonies and misdemeanors. Defense cases
must be tried beyond a reasonable doubt.
Under the 6th Amendment, defendants have a guaranteed right to counsel. It is not advised to
wave your right to counsel, and/or represent yourself. Criminal law attorneys know what paperwork
to file, who to talk with, where to make adjustments, and what to say or not say.
Whether you should answer questions before being arrested, or after your arrest, what your
Miranda rights are, what's admissible, how to proceed with bail hearings, or arraignments.
- 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.
- Louisville: Robert Render:
Criminal Defense
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).
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