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April 2015 Archives

What is ADE after a DUI?

In Kentucky, when a person pleads guilty or is convicted of a DUI offense, as well as many drug related offenses, they may be required to submit to an ADE.  ADE is shorthand for Alcohol & Drug Evaluation. This is typically a self reporting evaluation wherein a counselor will ask the defendant how much and how often they use alcohol and drugs. The results of the ADE will be used to evaluate whether the defendant then needs counseling, treatment, out-patient or in-patient treatment.  The treatment plan is based on the necessity of services which may include the length of use, consistency of use and types of drugs being used by the defendant. Following a first offense DUI, the minimal treatment in Kentucky is a 20 hour course.  These courses typically meet for 3 hours, one time each week for 7 consecutive weeks.  There are certain cases where the attorney may advise to enroll and/or complete the ADE and classes prior to appearance in court.  This may be used to minimize a sentence and may help with plea negotiations. The two most commonly used treatment centers which conduct the Alcohol & Drug Evaluations as well as providing the DUI classes classes in Northern Kentucky are:

How Long Will Divorce Take?

Having practiced in Northern Kentucky for over 20 years, I can honestly say that as short as 7 days and as long as 7 years.  I also know that is a terrible answer.  The average divorce takes 3-10 months, which is still a fairly big range.  Kentucky law requires a separation of 60 days before a divorce can be finalized.  If minor children are involved, then you must be separated 60 days after an answer has been filed or the Respondent has been served. At the beginning of a divorce it is hard to predict how long it will take. Your attorney can better judge length after the case is underway. Some factors that affect length are:

Who Can File a DVO or an EPO?

Kentucky law allows for certain persons to be granted protection pursuant to the statute on EPO, or Emergency Protection Orders or the more permanent DVO, Domestic Violence Orders.  KRS 403.725 outlines those that have authority to file EPO/DVO

Who Can File DVO or EPO?

Kentucky law allows for certain persons to be granted protection pursuant to the statute on EPO, or Emergency Protection Orders or the more permanent DVO, Domestic Violence Orders.  KRS 403.725 outlines those that have authority to file EPO/DVO

Where To File For Divorce?

Divorce is generally filed in the county and state in which the parties reside. The place of the marriage is irrelevant to the filing for divorce, so long as the marriage is a valid legal union.  There is generally a six month residency requirement to establish jurisdiction. Each state mandates that divorce filing occur in the state the parties reside.  If the parties reside in separate states, it is likely it can be filed in either state. Many states (Ohio for example), mandate that divorce filing occur where the Petitioner/Plaintiff resides.  Other states (Kentucky, for example) do not differentiate so long as one party resides therein.  If there are children, the home state of the children should supersede the residence of either party.

What is AVVO?

AVVO is a website to allow potential clients as well as other people to ask legal questions and get answers from actual attorneys. No attorney client relationship is established, however those looking for an attorney can contact an AVVO member-attorney to inquire about representation. Avvo - Rate your Lawyer. Get Free Legal Advice.

Charles Schaffner - Covington Attorney

Charles H. Schaffner, 71, retired attorney of Park Hills passed away April 7, 2015, at St. Elizabeth Hospice.  He is survived by an extensive family including his wife Sharon Kennedy. He was a retired attorney and had practiced in Northern Kentucky with his office in Covington for longer than anyone can remember.  Charlie always had a good word for all of his fellow lawyers and was a mentor to many young lawyers throughout the years.  As a younger attorney, he had a run in with the bar association due to handling of physical evidence.  What would have caused a lesser many to reconsider his career choice, helped to define Charles Schaffner.  He put on seminars and wrote articles, speaking at bar conventions with W. Robert Lotz on ethics in the practice, specifically handling of evidence in criminal defense cases. Charles was a United States Air Force Veteran, graduate of the University of Kentucky, Chase Law school, member of the Lions Club , Knights of Columbus and VFW Ludlow. He loved history, politics, traveling & was an avid UK fan. Most recently he was a volunteer for a substance abuse program. Charles was preceded in death by his parents Eugene & Madge Schaffner of Ludlow. Survivors include his wife Sharon Kennedy of Park Hills, sons Charles (Mikki) of Ludlow, Thomas of Covington, Thomas Chas at home, daughter Carey (AJ) Hammond of Covington, sisters Madonna Henderson of Carmel, CA & Mary Ann Benson of Ludlow, brother Thomas of Bakersfield, CA & grandchildren Aidan & Kenna of Ludlow. Charlie was a great advocate for his clients and a wonderful representative of the Northern Kentucky bar.  Thanks for your service!!  

KY Ignition Interlock Bill Passes

Following are proposed changes to the DUI law in Kentucky.  This will affect those charged with DUI and their ability to obtain driving privileges.  The bill has passed and is anticipated to be signed by Governor Beshear. Ignition interlock legislation heading to Governor FRANKFORT - The state General Assembly passed a bill late last night that would expand the use of ignition interlocks for people caught driving under the influence of alcohol. The legislation, known as Senate Bill 133, would reduce the number of habitual drunken drivers, said Sen. Morgan McGarvey, D-Louisville. SB 133 would supplement hardship licenses - special licenses allowing people with suspended licenses to drive to work, school and doctor's appointments - with ignition interlocks. An ignition interlock is a device about the size of a mobile phone that is wired into the ignition system of a vehicle. A person convicted driving under the influence must blow into the device in order to start their vehicle. If they have a measurable amount of alcohol in their system, the vehicle will not start. Supporters of the bill said that the 24 other states with a similar law have seen a 30 percent decrease in fatalities due to drunk driving. Unlike previous versions of the bill, McGarvey said it does not require first-time DUI offenders to purchase an ignition interlock unless they were found guilty of aggravating circumstances, like having a child in the car, going more than 30 mph over the speed limit.  Other aggravating circumstances include: refusal of breath/blood test, blood alcohol measured over .15, accident involving serious injury and driving the wrong way on a highway. If you have been charged with DUI, know the law and the changes and hire an experienced DUI attorney.  For a consultation in Northern Kentucky, call the Bouldin Law Firm and speak to Michael Bouldin.  Contact Michael Bouldin at [email protected] or call at 859-581-6453.

Penalties Changing for DUI in Ky

Changes are coming for DUI laws and penalties in Kentucky.  Those changes take place July 1, 2015.  Current penalties for DUI and Aggravating Circumstances

DUI Offense Penalties

KRS 189A.010(5) and KRS 189A.070(1) provides gradations of penalties which depend on whether the driver has been previously convicted of DUI within the past five years. In addition to the punishments listed below, DUI offenders incur a service fee and must complete substance abuse training. KRS 189A.050 and KRS 189A.040.

Heroin Addiction and NKy Crime

As a criminal defense attorney in Covington, Newport and Florence, I have been practicing criminal law in Northern Kentucky for over 20 years.  In that time, a large number of cases involve or stem from drug abuse, alcohol and drug trafficking.  Nevertheless, heroin is the most often discussed and most addictive drug that has been introduced in the last 20 years, and likely in history.

Divorce Tax 4/15

While tax preparers are busy in anticipation of tax day (April 15th), another set of very busy professionals are the divorce attorneys in Northern Kentucky.  Clients often ask a series of questions, some of which are easy and many of which are case dependent. For example, following are general terms but should not be considered legal advice:

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