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May 2010 Archives

Do I Have To Give Blood If Charged With DUI?

In Northern Kentucky if a person is suspected of operating a motor vehicle while under the influence of drugs or alcohol, the officer may request to test a sample of breath, urine or blood. While police usually requeset breath, they will often request blood if they suspect drugs or any intoxicants other than alcohol. While Kentucky law does not require you to submit to the test, there are administrative penalties which will likely result from a refusal. If you do not have a prior DUI conviction, the penalties are up to 120 day license suspension which begins the day of your arraignment. Kentucky law does allow for a blood test if the driver is unconscious and taken to the hospital. If you do have prior DUI conviction, the refusal is considered as an aggravator to the DUI which doubles the mandatory minimum jail sentence the court must impose if you are convicted. Additionally, there is an administrative suspension regardings of whether you are convicted or acquitted. The legal advice of whether or not to submit to a test varies by the facts of each individual case. For example, most attorneys would advise to submit to the test if the driver has not consumed any drugs or alcohol. If you have been charged, arrested or requested to take a breathalyzer or blood test, you should contact Michael Bouldin at mike@bouldinlawfirm.com or 859-581-6453.

Is Assault 4 and DVO the Same Thing?

No. Many defendants in Northern Kentucky confuse assault fourth degree and domestic violence emergency protection orders (DVO/EPO) because they are often filed at the same time. When someone is charged with Assault, the police will generally advise the victim to file separate EPO. The EPO, Emergency Protective Order, is a civil order which requires a person to have no contact, stay 500 feet away and often vacate their home for a period of up to 14 days. Within that 14 day period, the parties are entitled to a hearing to see if a more permanent DVO, Domestic Violence Order, should be entered for up to three (3) years. The victim retains the right to proceed or dismiss this action. The Assault charge is a criminal charged which is prosecuted by the County Attorney. The victim in this case may have some input as to how the case is resolved, but the County Attorney retains the right to prosecute the case regardless of the desires of the victim. A defendant in this action is wise to hire an experienced defense attorney as soon as possible. Statements given in one court can be used against the defendant in the criminal action. Further, both the EPO/DVO finding as well as the Assault can have a significant impact on liberties. If you have been charged with Assault or if someone has filed an EPO against you, contact Michael Bouldin at mike@bouldinlawfirm.com or 859-581-6453.

What Happened In Court With Maurice Purify?

Maurice Purify is represented in Campbell County, Kentucky by attorneys Michael W. Boudlin and Tim Schneider.  Maruice is an NFL wide receiver with the Cincinnati Bengals.  He was charged with Disorderly Conduct in Northern Kentucky last week and the case was set for arraignment on May 7, 2010 in Campbell District Court.  All counsel met in chambers with the Judge before the case was called.  Maurice entered his appearance at his arraignment and Counsel entered a plea of Not Guilty.  The case was set for a pretrial conference on May 20, 2010. Kentucky Supreme Court Rules of Professional Conduct prohibit an attorney handling a case on commenting on the facts of that case.  SCR 3.130(3.6).  If you need to retain an attorney to defend you in a criminal action in Northern Kentucky, contact Michael W. Bouldin at 859-581-6453 or mwbouldin@fuse.net.

What is B&E?

The criminal charge of B&E is breaking and entering.  In Northern Kentucky the criminal defendant is typically charged with Burglary.  Breaking and Entering is the typical charge in Cincinnati, Ohio as that is the Ohio equivalent. In Kentucky, the charge of Burglary is a felony and is defined as "unlawfully entering a dwelling with the intent to commit a crime."  Often criminal defendants are confused as they had not inention of stealing or did not steal anything.  A careful reading of the definition does not mention any stealing, it is commit a (any) crime.  Burglary can be charged as a misdemeanor or a felony, depending on the type of building that is entered as well as the level of the crime or what weapons may be involved.  If you are charged with Burglary or any other crime in Northern Kentucky, you should contact an experienced criminal defense attorney as soon as possible.  You can contact Michael W. Bouldin at mwbouldin@fuse.net or 859-581-6453.  For more information, go to Mike Bouldin's website at http://www.bouldinlawfirm.com/criminal-defense.htm.

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