What Is Trafficking?

Trafficking is the selling, distribution, or transfer of an item. When a defendant is charged with trafficking a controlled substance, or trafficking marijuana, it does not necessarily have to be a money-making venture. A person can be found guilty of trafficking by not only selling, but giving, prescribing or distributing illegal substances. Most drug trafficking charges are found in KRS 218A and following.

Additionally, trafficking can be proven as possession with intent to traffic. This can be proven in a number of ways, including: quantity, other indicia of intent, statements by the defendant, other witnesses to trafficking or evidence found that would indicate that a person plans to selling, distributing or transferring the drugs.

Trafficking of marijuana can be a misdemeanor or felony, depending on the quantity as well as if it was in a protected area, generally a school zone. Trafficking of a narcotic is generally a class C felony, but can be a D if there is a small quantity and can be a B if a second or subsequent offense.

If you have been charged with ANY trafficking offense, you should hire an experienced criminal defense attorney as soon as possible. In Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm by calling 581-MIKE, 859-581-6453 or email mike@bouldinlawfirm.com.

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What is a Kiddie / <21 DUI?

A Kiddie DUI, or DUI for a person under the age of 21 years, can be charged if the driver is under the age of 21 and has a blood alcohol level over .02. The legal limit for a person over the age of 21 is .08.

A person can be convicted of DUI, or driving under the influence, based on a number of factors. Typically, a DUI is for driving while under the influence of drugs and/or alcohol. A conviction can be obtained if the defendant is driving a motor vehicle and under the influence or impaired by drugs or alcohol, or combination. Even if impairment is not noted, a person can be convicted if they are operating a vehicle with a blood alcohol over .08.

Regardless of age, generally if the driver has a blood or breath alcohol level over .08, they will be charged with thee standard adult DUI. Similarly, if the BAC level is over .15, the defendant will most likely be charged with an aggravated DUI, regardless of age.

A finding or plea to an Under 21, or Kiddie, DUI, has different consequences than a regular DUI. First, the fines are only up to $200 and there is no DUI service fee; as such the total cost is about $300 instead of $750. Additionally, an <21 DUI is not enhanceable, should the person later be charged with a 2nd DUI. Finally, there is a “zero tolerance” class that the < 21 defendant must take that differs from the minimum 20 hour DUI class.

If you have been charged with a DUI, whether regular, aggravated, high tier, or < 21, you should hire with an attorney. For consultation in Cincinnati or N.Ky., call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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Possession of Handgun & Drugs

Kentucky law allows for enhancement of any drug possession if the defendant also possesses a firearm. KRS 218A.992 provides:

Enhancement of penalty when in possession of a firearm at the time of commission of offense. (1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or (b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor. (2) The provisions of this section shall not apply to a violation of KRS 218A.210, 218A.1450, 218A.1451, or 218A.1452. 

The non-applicable provisions are as follows:
218A.210 – Schedule V Controlled Substances

218A.1450, .1451, .1452 – Trafficking, possession or cultivation of Savia

Interestingly, marijuana is NOT exempt from this enhancement. Despite possession of marijuana being a class B misdemeanor, the defendant who possession marijuana and a firearm is subject to begin penalized as a Class D Felon under 218A.992(1)(b). A class D felony carries 1-5 years in prison.

It is important to know your rights as well as possible consequences. While marijuana is illegal, the penalties may become much greater if you possess a firearm. If you are charged, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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DUI in Kentucky

FIrst Steps if Charged with DUI

If you are charged with a DUI (or OVI), you are facing serious legal consequences.  You should take immediate steps to hire an attorney who regularly practices in the county of your arrest.  For consultation in Northern Kentucky, contact Mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

What Are Consequences?

If you have been charged with 1st Offense DUI in Kentucky, you are facing penalties of 2-30 days incarceration and/or $200-500 fine, loss of license from 30-120 days and mandatory DUI fees, evaluation and treatment.  2nd and 3rd offenses have harsher penalties.  Know your rights to protect them.  Contact us today!

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What is the Cost of DUI?

Costs vary depending on your charges, call an attorney for retainer and estimate. While the cost of hiring an attorney is not cheap, it is essential to protect your rights and can end up saving money in the end.  It has been estimated that a typical DUI will cost over $10,000 after paying of legal fees, fines, costs, treatment and increased insurance costs.

Why Bouldin Law Firm?

With 25 years experience defending DUI cases, Michael Bouldin will direct the discovery, look for defenses and weaknesses in the case and discuss potential suppression and/or plea deals.  Some cases prove better after a trial or hearing, while others may benefit from a plea deal.  Use an attorney whose advice you can trust.

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Next Steps...

Call or email to schedule an appointment.  If you have court, call immediately and plead NOT GUILTY if you cannot get into an attorney before court.  Email or call 859-581-6453 / 581-MIKE today.

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New Conceal Carry Law in Kentucky

Beginning July 1, 2019, Kentucky law changes regarding the ability to carry a concealed weapon. Prior to this change enacted by HB150, it was required that you first obtain a permit to carry a concealed deadly weapon. Under the new law, no permit is required if you are over 21 years of age and otherwise lawfully allowed to carry a firearm.

It is important to know that where you carry has not changed. You cannot carry a weapon into a police station, detention center, courthouse, bar/pub, school, or any establishment that prohibits weapons. This law does not give any additional rights to those convicted of a felony or under supervision by probation and parole.

Also, expect authorities to be stricter on cracking down on possession of handgun while also in possession of any illegal drugs. Under KRS 218A.1422 if you possess a handgun while in possession of any controlled substance, the charge is enhanced to a class D Felony pursuant to KRS 218A.992. This provision includes marijuana, for enhancement to a FELONY.

Also, Kentucky permits DO continue to exist and be issued. This may be required if you plan to carry your firearm into another state that does require a permit.

If you want more information, see HB150. If you need legal counsel or consultation, contact Michael Bouldin at Bouldin Law Firm by calling 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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