My Kentucky DUI Case Is Set For A Pre-trial, What’s That?

March 11, 2010

At arraignment, the trial judge will set the next court date.  That court date is called the pre-trial.  A pre-trial is an important part in DUI case preparation. Typically prior to attending the pre-trial, the DUI attorney will file a motion for discovery.  In a DUI case, a motion for discovery is the vehicle by which [...]

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What Happens At My Kentucky DUI Arraignment?

March 8, 2010

The first court appearance on a Kentucky DUI charge is usually the arraignment.  At the arraignment the Judge will review the bond and hear any preliminary motions.  Substantive motions, like a motion to suppress, will not be heard at the arraignment.  It is a quick process, usually taking about 5 minutes of time before the [...]

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What Do I Do If I Am Arrested For A Kentucky DUI?

March 3, 2010

This post is aimed at what you should or should not do AFTER an arrest for a Kentucky DUI - You have the right to remain silent.  Exercise it!  Many, many clients simply say too much to the police when they are being arrested and processed.  You should provide the officer with your name, address, date of [...]

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Jury Selection In A DUI Case

March 2, 2010

Before a DUI or any other criminal jury trial can begin, a jury must be impanelled and sworn in.  The jury, in Kentucky District Court, will ultimately be composed of 6 people.  Most courts handle jury selection the same way – but each judge will have some slight differences.  This blog post is a very [...]

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DUI Jury Trial

February 22, 2010

In a Kentucky DUI case, the defendant has the right to a jury trial.  A jury demand must be made prior to the start of trial.  As a practical matter, a case is set for jury trial after either the arraignment or the pre-trial.  A written jury demand should always be filed with the court [...]

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Breath Alcohol Tests And The Two Hour Rule

January 29, 2010

If the prosecution wants to introduce a breath alcohol test at trial, they must first be able to prove that the test was administered within two hours of operation of the vehicle.  If the test is taken outside the two hours, the Commonwealth may not use it as proof in their case that a person [...]

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What is a Jury Demand?

January 28, 2010

In a Kentucky DUI case, you have the right to a trial by jury.  But, in order to secure that right – you must demand a jury trial in writing.  The demand for the jury must be made prior to the case being called for trial.  If you don’t, then you have waived the right [...]

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What is Reckless Driving In Kentucky?

January 28, 2010

Reckless Driving, sometimes referred to as Reckless Op, is actually called “Operator of Vehicle to Drive Carefully” (KRS 189.290).  In a Kentucky DUI case this is an alternate charge that the DUI may be reduced to. Reckelss driving is a “violation” which means the maximum penalty is a $100 fine plus court costs. Many times, when a [...]

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What Is A Kentucky Breath Test Download?

December 4, 2009

In Kentucky, the breath testing devices are maintained by the Kentucky State Police.  Approximately every 30 days, the machine’s calibration is checked and the history is downloaded by the Kentucky State Police Central Lab. A download from a breath test machine looks like a spread sheet.  The download contains information like the breath test result, [...]

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What Are The Penalties For DUI If I Have A Prior?

November 6, 2009

There is a 5 year “look-back” period for DUI offenses in Kentucky. If you are convicted of a second offense DUI in Kentucky the possible penalties are: Imprisonment of not less than seven days nor more than six months and a fine of not less than $500.00 nor more than $350.00. If you are convicted [...]

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