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December 2010 Archives

Help, I Got Arrested for DUI on New Year's Eve!

If you have been arrested on New Year's Eve for DUI or any other traffic offense or crime, you should contact an attorney as soon as possible. In Northern Kentucky many law enforcement increase their presence to minimize the number of drunk drivers on the road. The presence itself limits the number of drivers who take the chance of operating a motor vehicle while driving. Remember, it is not illegal to drink alcohol and drive a motor vehicle. It is illegal to operate a motor vehicle while impaired or with a prohibited level of alcohol in your system. If your blood/breath alcohol exceeds .08, you are presumed to be intoxicated and can be charged, arrested and even convicted of DUI. While having a glass of wine with dinner and driving home would generally keep a person under the legal limit, it just may not be a great idea on New Year's Eve as well as other nights during the year. Police are on heightened alert for drunk drivers during New Years as well as the holiday season. Some officers wait to catch the very impaired while others are anxious to make an arrest. If you were very impaired, an attorney can research whether a good defense is available and minimize any penalties if you ultimately plead guilty. On the other hand, if you believe that you were not intoxicated, it is even more important to hire an attorney to protect your rights. If you were arrested in Northern Kentucky or Cincinnati and wish to discuss this matter with an attorney, contact Michael Bouldin at 859-581-6453 (MIKE) or email at [email protected] While hiring an attorney is not cheap, it may be a very important investment in your future.

What If My Spouse Files an EPO on Christmas Eve?

When an EPO is filed, Kentucky law favors protection over personal civil rights, at least in the short term. IF an EPO is filed against you, the short answer is you probably cannot do anything until the court hearing. The accused is entitled to a hearing within 14 days of the Court granting an EPO. A judge makes an initial determination on whether to grant an EPO based solely on the sworn statement of the person requesting protection. An EPO is an Emergency Protection Order and is granted when an act of domestic violence has been alleged. An act of violence may be actual physical violence or a threat of death or bodily harm. The past has proven that these increase substantially around holidays; most likely due to increased stress as well as the inability to have judicial review with a full hearing until the courts reopen. If an EPO is granted, the Order often contains provisions that the victim is allowed sole use of the residence and the alleged perpetrator is required to vacate the residence and stay 500 feet from the victim. With 2010 having 4 day Court holidays over the weekends, expect an increase in filings on Wednesday before Christmas and New Years. Of course, the best way to prevent an EPO is to avoid physical confrontation or threats. While this does not stop an outright lie, those making allegations of domestic violence should be reminded that the sworn statement is made under oath and could be subject to separate charges of filing a false complaint or perjury if false or misleading. If an EPO has been filed, the person accused is entitled to a full hearing to determine if the EPO will become a more permanent DVO with in 14 days. If you have been accused of domestic violence, you should consult with an attorney as soon as possible. In Northern Kentucky, call Michael Bouldin at 859-581-6453 (MIKE) or email at [email protected] for consultation and advice.

Quickest DUI Test

I must first disclaim that neither of these videos were my clients and this was not in Northern Kentucky. The video may be funny but it is also informative as many people have never seen a DUI breathalyzer room. Both of these videos are already YouTube hits and there are many others available at YouTube, PlanetVids and around the web. I know that my blogs are typically much more informative than entertaining, however these are good ones that I hadn't seen before. Unfortunately I do not know where this took place, but the screen shows it as a 2006 incident.The first is the shortest DUI test that I've ever seen. The second video is a man taking a breathalyzer exam at the police station. This man does not just one, but two face plants which are captured on video. It's hard not to feel sorry for these poor guys. If you have been charged with DUI in Cincinnati or Norther Kentucky and wish to consult with an attorney, contact Michael W. Bouldin at [email protected] or call at 859-581-6453 (MIKE).

What If I Get a DUI During the Holidays?

In Northern Kentucky a DUI over the holidays is not significantly different than a DUI. In the year of 2010, all Northern Kentucky courthouses are closed on 12/23 and 12/24 as well as 12/30 and 12/31; leaving a 4 day weekend over Christmas and New Years. There are two general exceptions during the holidays. First, Judges may be a little more simpathetic in setting bail bonds and releasing those people arrested on or before Christmas Eve and Christmas Day. Second, there may be a greater time than normal before your first appearance, or arraignment, in court. This is generally due to the Court having holiday schedules which are from Thursday through Sunday for 2010. There may also be difficulting in contacting an attorney during holidays. If you are charged with a DUI, you can simply plead "Not Guilty" and the Court will grant you ample time to retain an attorney for your case. If you have been charged with DUI or any other crime during the holidays in Northern Kentucky or Cincinnati, contact Michael Bouldin to schedule a consultation at [email protected] or call 859-581-MIKE (6453). Happy Holidays!

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