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What Is a DUI Aggravator?

Kentucky law allows enhancement of a DUI charge if there are one one of 6 aggravators. If a person pleads or is found guilty of a DUI, their sentence is enhanced (made worse) if any of these aggravators exist. On a first offense, an aggravating circumstance mandates 4 days in jail. On subsequent offense, the aggravator doubles the minimum jail sentence.

The basic aggravators are listed in KRS 189A.010, as follows: (11)

  • (a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
  • (b) Operating a motor vehicle in the wrong direction on a limited access highway;
  • (c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080 ;
  • (d) Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator’s blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
  • (e) Refusing to submit to any test or tests of one’s blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section;  and
  • (f) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

It should be noted, that if there is a death or serious physical injury as in subsection (c), most police and prosecutors will also file additional charges. These are often FELONY charges and require additional legal work. Additionally, KRS 189A.010(11)(e) should not apply if the person is charged with a first offense dui. This is because the first offense apply to those aggravators that occur while driving the vehicle.

Most importantly, an attorney can work to try to dismiss the aggravator when entering a plea and/or discuss alternatives to incarceration.

If you have been charged with DUI or any other motor vehicle offense, you should discuss your case with an experienced criminal/DUI defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 )581-MIKE.

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Prosecutor Bullying in Lori Loughlin Case

Having practiced criminal defense for 25 years, I am often asked about high profile cases. While they are often treated differently than more average cases, the general public can learn a lot from these types of cases. The current federal case of the United States v. Lori Loughlin is one such example.

The case pending involves allegedly paying bribes in order to obtain admission for the children into various universities. My initial take is that there is a great amount of pressure to plead guilty, which is generally the case with all criminal charges. I believe that Lori Loughlin and most of the others DO have a valid defense. The federal bribery statute prohibits corruptly giving, offering, or promising anything of value to a federal public official or appointee with the intent of influencing him or her to perform an official act or to commit fraud. . It seems to be a stretch that these universities qualify as a federal agency or official. Moreover, the bribes were not paid to the university but to an agent which the stars hired to assist with admission. It may also be interesting defense tactic to determine what is a legitimate gift to the university v. bribe, and can your child receive preferential treatment because of a gift?

The most current development regards the additional charges which the government has brought since they refused to plead guilty. THIS IS A COMMON TACTIC utilized by many prosecutors to force a plea and to punish those who wish to exercise their constitutional rights. Prosecutors ARE bullies. If they are out to protect the public, and they believe that this is a valid additional charge, then all of the defendants should have faced the same charges. The reality is that they are trying to unduly punish those that exercise their right to trial.

If you are a defendant in a criminal case, hire an experienced defense attorney who can advise you throughout the process. Do not assume that the prosecutor is purely interested in justice – they want a guilty verdict. If you are not guilty, the trial tactics are just that and stand up for your rights! For consultation and representation in Kentucky and Ohio, call Michael Bouldin at 859-581-MIKE, that is 859-581-6453 or email mike@bouldinlawfirm.com.

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Co-Parenting Apps

Our Family Wizard, coParenter, AppClose and talkingParents are all personal cell phone apps today assist divorced parents in communications.

The apps cam also track and monitor communication, exchanged of shared expenses, child and shared calendars and even resolution or parenting disputes. These apps also have communication monitoring which suggest alternative language if a message is abusive, vulgar or insulting.

Many times use of these apps are court ordered if the parties have a history of trouble communicating or repeated need for court resolution of issues. As a divorce attorney for over 20 years, I can attest that even the best judges are seldom the best at making parenting decisions for others. Parents need to parent.

If you are divorcing or need advice about parenting disputes, contact a local family law attorney. For consultation in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 581-MIKE (859-581-6453)

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Cross Examination Can Secure Criminal Acquittal

I recently tried a case in felony court where 3 police officers had testified that the defendant made an admission to the charges. They defendant was charged with 2 counts of burglary and one count of felony tampering with evidence.

Despite the fact that the defendant did not testify at trial the jury still returned a verdict of not guilty after presentation of all evidence. The key to the acquittal was effective cross examination of the police officers.

Review of the police officers investigation revealed that they failed to obtain recording, video or written confession from the defendant. Discovery, discussion and independent investigation also revealed that the police officers did a very ineffective job of actually investigating anything.

The police officers did not check the story of the alleged victim, did not check the validity of the defendants ultimate claims, did not finger print any of the alleged crime scene nor did they photograph any part of the alleged crime scene which could have either exonerated completely the defendant or provided additional evidence for the prosecution.

If you have been charged with a serious crime you need an experienced attorney. For consultation call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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When is a .200 Not a DUI?

I recently had a client that was cited for DUI after blowing a .206 breathalyzer. The charges were ultimately dismissed. How?

Often the full story is not told until an attorney obtains discovery and then further investigates and uncovers all of the evidence. This may be more than the prosecution or officers give in traditional discovery.

I talked to my client, obtained discovery, then met with the client again to get the rest if the story. He’s had been asleep in his truck after a night at the bar. The official report was that he wad parked at UDF and the car was running. The rest of the story showed that his truck wad to large for the bar lot and UDF was across the street.

Witnesses were interviewed who said he left the bar at 1:00 a.m. and had not left the parking spot since that time. He was arrested at 5:00 a.m. Further investigation revealed that three temperature was only 10 degrees that night and the vehicle was runningonly for warmth.

Kentucky has multi party testy to see if a person is in physical control of a vehicle and subject to a driving charge. Ultimately it was proven that this defendant was not and the DUI was dismissed.

If you are charged with DUI or any crime, hire an experienced criminal defense attorney. For consultation in Northern Kentucky or Cincinnati contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6463.

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How to Get the Best Plea Deal

As a criminal defense attorney for over 20 years I am often asked about whether a client should take a plea deal or go to trial. To get the best plea deal the 1st rule of business is to organize your best legal defense.

The most important factor in evaluating whether a prosecutor offers a plea deal is their chance of success at trial. If they have a very good chance of success in gaining a conviction they are less inclined to offer a good deal to the defendant. Conversely, if a conviction is not guaranteed, a better plea deal can generally be negotiated.

Of course there are many other factors that play into a successful plea negotiation. Those include the defendant’s criminal history, the type and nature of the crime, whether rehabilitation outside of jail is likely, and often input from the victum (if any).

If you have been charged with any crime, whether it be a felony or misdemeanor or DUI, you should hire the best criminal defense attorney that you can find.

For consultations in northern Kentucky and Cincinnati call Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com. Talk to an experienced attorney before going to court!

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A Confession is Not Always Guilty

Probably the most difficult case to defend is when the defendant gives a confession or admission of guilt. That said, there are many cases where an admission does not mean the person is guilty.

I recently defended a case where 3 police officers alleged that my client confessed to the crime. Where were allegations that the police coerced a confession as well as other allegations that it was fabricated. There was no recording, video, or body cam of any statements of the defendant and there was no written confession.

Case ended up with the jury finding the defendant not guilty of all charges. This, also, without the defendant taking the stand.

That are often other circumstances which may surround an alleged admission. Those may include coercion, threats, or even over statement of what was actually stated. A defendant that is intimidated by the police may agree with their allegations in order to avoid immediate incarceration and arrest.

If you have been charged with a crime he did not commit your need an experienced an attorney. For consultation in Kentucky and Cincinnati call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com

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How Do I Post Bail Bond?

If you are charged with a crime the court will generally set a bail bond, which is a dollar figure you will be required to post in order to be released from jail pending trial or resolution of your case. In many smaller cases the court will release a person on their own recognizance, which is referred to as an OR Bond, and no money will be required.

In larger cases, or in cases where the person is a risk to themselves or to society, the court will set a cash bond. In many states, a bail bondsman will post the bail and you will pay that person a percentage of the total bail amount. In Kentucky there are no bail bondsmen to assist in providing the funds necessary for release.

As such, a cash bond is generally required for pretrial release from incarceration. There are limited cases in which a percentage of the total bond may be posted, and others in which real estate may be posted in lieu of the cash; this requires court approval. If you or someone you know is incarcerated and cannot acquire the necessary cash for bail, the Defendant may request the court to review and possibly lower the bond requirement.

Bonds may be posted at the local court clerk’s office during business hours, or cash may be taken to the jail/detention center during or after regular business hours. If you have questions about a specific bond, contact the local county detention center. See links to Kenton, Boone, Grant and Campbell county jails.

The purpose of bail bonds is to assure that the Defendant will make at all court appearances and also to protect the public. If the Defendant violates any terms of pretrial release, the bond is subject to forfeiture. If the Defendant cooperates and makes all court appearances, the bond is generally returned to the surety (person who posted) at the conclusion of the case.

Having practiced law for 25 years in Northern Kentucky I am quite familiar with the bond requirement for most charges and how different courts, divisions and judges may address modification of bail bonds. For questions or representation for criminal defense, contact Michael Bouldin at mike@bouldinlawfirm.com or call 581-MIKE, 859-581-6453.

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NKy Divorce

Being a divorce attorney in Northern Kentucky for 25 years I am often asked about what is unique and what to expect in a divorce. One rather unique aspect of divorce/dissolution in Northern Kentucky is the relatively small legal community which serves the area. With the size of the legal community, most divorce lawyers have had some experience with most other attorneys and significant experience with many of the local attorneys.

The first question I often ask prospective clients is “Has your spouse hired an attorney?” and, if YES, “Who?” I can often predict how difficult your case may be, what the other attorney may be looking for and even how much the divorce may cost based solely on past experiences with opposing counsel.

Many of the regularly practicing family law attorneys in N.Ky. are part of the Academy of Northern Kentucky Collaborative Professionals, LLC. (ANKCP). These are attorneys who have been trained in collaborative law and concentrate much of their practice to divorce and dissolution.

Collaborative divorce is an offshoot of family/divorce law in which the parties sign a collaborative contract which eliminates courts and contested hearings. The parties employ collaborative professionals which generally starts with attorneys, but often develop into financial specialists and/or family specialists.

If you choose to participate in collaborative process, you should consult with a collaboratively trained attorney. Also read on the ANKCP website for more information and benefits about the collaborative law process. For consultation and information in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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Is Marijuana Illegal?

Possession of marijuana is still illegal in Kentucky, even though many other states have legalized possession and authorized it as having medicinal value. Possession of under 8 ounces is a misdemeanor and over that amount may bring felony charges. Also, possession of any amount together with a handgun will likely bring felony charges.

One interesting area will be when a person is prosecuted in Kentucky while holding a valid prescription from another state. I believe the full faith and credit argument would apply. I do not believe, however, that you can possess in Kentucky simply because you can possess in Ohio legally; but that a prescription should hinder the prosecution.

Interestingly, marijuana remains on the books as a federal crime as well. While federal prosecutors have not chosen to prosecute sale or possession, it remains as a crime. I would be very interested in the first prosecution of a state or state-run entity by a federal prosecutor.

Recently, Cincinnati has voted to decriminalize possession of under 100 grams (about 4 ounces) of marijuana. The law remains on the books for the state of Ohio. If you intend to smoke, you would be much safer with a prescription. Additionally, it remains illegal to smoke and drive under Ohio OVI laws.

If you have been charged with possession of any drug, even marijuana, you should hire an attorney. If you pay the fine, you have pled guilty and it will remain on your criminal record. Call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com for more information or consultation.