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November 2012 Archives

DUI Weekend and Small Business Saturday

Did you know nationwide that the Friday after Thanksgiving is the biggest DUI day of the year?  In Northern Kentucky, virtually every police and sheriff agency will increase patrols, roadblocks and be on the lookout for suspected DUI drivers.  The number one mistake that people make on Friday is drinking too much alcohol then driving their vehicle. Interesting, American Express also advertises the Saturday after Thanksgiving as small business Saturday.   As a solo practitioner handling DUI cases in Boone, Campbell and Kenton counties, the two seem to coexist and make for nice holiday advertisement.  The number two mistake is not hiring a competent and experienced criminal defense attorney who can represent them through this charge. I participate in small business Saturday as a merchant who accepts AmEx as well as other major credit and debit cards.  If you have been charged with a DUI, contact Michael Bouldin at 859-581-6453 or email at mwbouldin2@google.com.  I will be in the office on Saturday morning if you need to contact an attorney.

who is Best DUI Lawyer?

Kentucky ethics rules prohibit certain words an phrases in attorney advertising. Lawyers cannot boast that they are the best, or even that they specialize in a certain practice field of law. Although many attorneys concentrate their practice, only a select few can state their speciality (tax, estate planning, admiralty and patent are exempt). Ethics also prohibit in person solicitation. If an attorney contacts you directly about your case, you should report him to the state bar association. Ethic rules prohibit the terms certified, expert, specialist or authority in any advertisement regarding a lawyer abilities or knowledge on a particular subject. This post is not an advertisement for any attorney or law firm and is purely for public information.

How Progressive Snapshot Helped Win DUI Case

A recent case in Boone County, Kentucky may help better understand what might be involved in winning a DUI case.  In the specific case at hand, my client blew a .14 breathalyzer after being arrested on suspicion of DUI.  The client had been involved in an accident and the officer noted the time as 2:30.  She was given field sobriety tests, which she did remarkably well.  She was taken to the station and given the breathalyzer at about 3:45 a.m. Kentucky law mandates that a breathalyzer be giving within 2 hours of operation of the motor vehicle.  Further investigation revealed that the officer listed the time of the accident based on the time of the 911 call for assistance.  The client had mentioned that she had hit her head and though she may have been out for some time prior to calling 911. Further discussion revealed that the client had the Progressive Snapshot installed on her vehicle.  She called Progressive and had them send a printout/email to her of the accident.  The snapshot records the vehicle's speed, braking and other information, but in this case, most importantly, the time of the accident.  The time showed that the accident was just after 1:00 a.m., nearly 3 hours prior to the breathalyzer examination. As such, the breathalyzer was inadmissible in the court to show a prohibitive Blood Alcohol Level.  Without the BAC, the prosecution was left with only the field sobriety tests to prosecute the DUI.   Since the client did well on the field tests, the prosecution agreed to dismiss the DUI in favor of a reckless driving charge and recommended a minimum $25 fine. This is the first time that I have used the Progressive Snapshot to aid in a case.  I would imagine that often it would better serve the prosecution in determining reckless or careless driving by showing speed and hard braking.  That said, there are often new and imaginative ways to beat a DUI charge in Kentucky. If you have been charged with DUI in Cincinnati or Northern Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com

Do Police Officers Lie In DUI Cases?

I believe in general that officers are honest individuals.  As an attorney handling many DUI cases and criminal cases for over 18 years in Northern Kentucky and Cincinnati, it is my belief that very few officers go into their line of profession because they are liars.  That said, many find ways to embellish the case to best aid in obtaining a conviction.  There are many reasons that may occur, including awards and conviction rations that can affect pay, bonuses and special accommodations. Consider this recent question that a reader asked: I refused any further field sobriety tests after failing an alphabet test, and after consulting a lawyer refused the breathalyzer.  I ended up taking it to trial and was found guilty.  What irks me to this day is that the officer lied and embellished the majority of events that happened that night.  It was clear to me during the trial that these guys are coached to use certain key words and explain things in a certain way to get a conviction, to the point that some of what he said didn't even match the video!  . . .  Unfortunately this is not rare.  Fortunately, an attorney may be able to find holes or point out inconsistencies in the officer's testimony.  Further, most juries and judges trust the video over the testimony which may be contradictory.  Your best bet is to hire a competent criminal defense attorney to protect your rights.  If you have questions or need a consultation in Northern Kentucky, contact Michael Bouldin at mwbouldin@fuse.net or call 859-581-6453. 581-MIKE.

Beat a DUI - Fight KY DUI

Have you recently been pulled over and cited for an Kentucky DUI Offense? You need a lawyer to represent you!   If you've just been charged with this offense it is critical that you learn how to protect not only your freedom but your driving privilege, future employment opportunities, auto insurance rates and criminal record.  More importantly there is immediate action you may be able to take to save your license and minimize the damage done to your personal life. It is possible that you will be be able to clear the Kentucky DUI from your record completely. Get the right answers now on how to clear DUI charges and protect your record. When you've been arrested for an Kentucky DUI - you need to know the real information that will protect your rights, make sure you are treated fairly, and gets the results in dismissing charges. Start by hiring a competent criminal and DUI defense attorney to represent you and handle your case. No lawyer can guarantee that your case will be dismissed.  A lawyer can protect your rights, file motions to limit certain evidence, force the prosecution to prove your guilt to a judge or jury and beyond a reasonable doubt, appeal your case and hold evidentiary hearings.  Protect your rights and learn how to possibly get your Kentucky DUI charges dismissed. 

Is Trafficking of Drugs in Kentucky a Felony?

Most charges of trafficking of drugs in Kentucky are result in felony charges.  Trafficking of marijuana under 8 ounces and not within 1000 feet of a school are misdemeanor charges.  Otherwise, felony charges may arise. KRS defines in §218A.1412 Trafficking in controlled substance in first degree -- Penalties. (1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of heroin or methamphetamine; (c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue; (d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; or (e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs. (2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section. (3) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the the first offense and a Class C felony for a second offense or subsequent offense. If you have been charged with trafficking of marijuana, narcotics, heroin or any other drugs in Northern Kentucky and have questions or need to consult an attorney, call Michael W. Bouldin at 859-581-6453 or email at mwbouldin@fuse.net.   Call 581-MIKE today.

Enquirer Reports on Covington Hooker and John Focus

Today (November 5, 2012) the Northern Kentucky Enquirer, a division of Cincinnati Enquirer, reported on Covington's increased enforcement of prostitution in Kenton County.  The article, written by Terry DeMio, reported that Covington police chief, Spike Jones has increased the number of undercover officers to crack down on prostitutes and their customers.  The increase has stemmed from a hearing and resident complaints. Arrests for prostitution and solicitation of prostitution have increased in both Kenton and Campbell counties in 2012 with an increased emphasis in Newport and Covington.  Earlier this year Newport instituted a Craigslist sting in attempt to catch those soliciting prostitution and further entrap those who would bring drugs or solicit underage.  Loitering for prostitution and solicitation are often interchanged as the law does not differentiate charges between hookers and johns. While the charges of prostitution does carry a potential for 12 months in jail, often the embarrassment is more of a deterrent than the jail time.  Accused defendants may have valid defenses to the charges and often charges may be reduced, dismissed or the defendant may be entered into a deferred prosecution, diversion or other type of probation.  If you have been charged, it is highly advisable to retain a lawyer as soon as possible to protect your rights. While some rather well known lawyers in Northern Kentucky use opportunities to gain media coverage, many experienced criminal defense lawyers will work to keep your case from being highlighted by the media and help the defendant to avoid exposure. If you have been charged in Northern Kentucky, contact with Michael W. Bouldin for a consultation.  Call 581-MIKE, 859-581-6453 or email at mike@bouldinlawfirm.com .

What Are Penalties for Felony in Kentucky?

Kentucky law allows for different penalties for different levels of felonies.  The range is from 1 year to life in prison.  Any crime punishable by more than one year in jail is considered a felony.  An attorney can assist and advise if a specific case allows for deferred prosecution, diversion or the defendant may be eligible for probation. Felonies are divided between A, B, C and D.  A class D felony is the lowest felony and is punishable by 1-5 years in prison.  A class C felony is punishable by 5-10 years, a class B felony is 10-20 years and a class A felony is 20-50 years.  An attorney may also assist in having the charges dismissed or if a plea deal may allow for amendment of the charges to a lower class of felony. A class A felony charge of murder is defined as a capital offense which carries possibly jail of a life sentence, life without parole for 25 years or a life-without-parole sentence. As a general rule, if a defendant is sentenced to a term of prison, they are eligible for parole after serving 15% of their sentence.  If the charge is considered a "violent offense," then the prisoner must serve 85% of their sentence prior to parole eligibility. If you have been charged with a felony in the Commonwealth of Kentucky, you should seek an attorney as soon as possible.  If you have questions, need a consult or are curious about legal fees for representation, contact Michael Bouldin in northern Kentucky at mike@nky-criminal-defense-lawyer.com or call 859-581-6453 (that is 581-MIKE).

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