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Kentucky Questions & Answers
1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I forgot about and missed the court date for a speeding violation, going 10 over, in Oldham Co. What should I expect?

Not sure what to expect when I contact the court

Timothy Denison
Timothy Denison answered on Jun 22, 2021

Call the clerk snd ask them to redocket the case for you on a specific date and time.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will me not getting an epo affect abusers sentence?

I asked about my ex getting a 1st degree strangulation charge a few days ago. When he went to jail I told the police I didn't want to worry about the epo, I just wanted to get my things and leave. But I'm wondering if me not getting it will make the court think differently than if I had... Read more »

Leland Hulbert
Leland Hulbert answered on Jun 22, 2021

If there are pending criminal charges that is much more serious than an EPO. The court and the prosecutor will not drop or lower the charges just because you didn’t file for an EPO.

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1 Answer | Asked in Uncategorized for Kentucky on
Q: Got pulled over going 71 in a 35 and reckless op. Officer wrote down wrong make of vehicle.

Got pulled over going 71 in a 35. Already have 6 points in my license. Officer wrote down wrong make. What’s the chance of it getting tossed out or what should I do to try to avoid a license suspension. I plan on trying to file no contest as he wrote a mistake. If he did that when he had my... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 22, 2021

A Kentucky attorney could advise best, but your post remains open for two weeks. If you haven't already responded or hired a traffic ticket attorney, you could repost your question under Traffic Tickets. Or in the interest of not losing further time, you could reach out to a Kentucky traffic... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably... Read more »

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Corporal punishment

I read that ky is one a few states that allowed corporal punishment in the home. So my question is if that is true than why does CPS make is seem like it's an issue for a parent to reasonably discipline their child

Timothy Denison
Timothy Denison answered on Jun 21, 2021

Despite the law, the courts snd CPS do not sanction corporal punishment for any reason.

1 Answer | Asked in Family Law for Kentucky on
Q: At what age does my daughter have to stay the night with her father, me and the father was never married nor together
Timothy Denison
Timothy Denison answered on Jun 21, 2021

There is no set age. Whatever age you snd the father agree on or whatever age the court orders.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: I have a daughter who just turned 3 months old, I’m saving to get full custody, what do it need to help with the case
Timothy Denison
Timothy Denison answered on Jun 21, 2021

Keep a journal of when you have her and when the father has or sees her. Note any snd all occurrences in the journal as they happen so you’ll have an accurate record for the court.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I live with my mom and step dad I have for a year I help help pay rent and if I get a epo on my stepdad in the state ky

Will he have to leave

Timothy Denison
Timothy Denison answered on Jun 20, 2021

Most likely, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What kind of time is an already convicted felon looking at if he was arrested again for strangulation 1st degree?

My ex-boyfriend was arrested for strangulation 1st degree and assault 4th degree/domestic violence in Kentucky. He already has a criminal history (dui, resisting arrest, and others) and he is already a felon for a methamphetamine charge. Strangulation 1st degree is now a felon in kentucky and I... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2021

It’s a class c felony which carries 5-10 years, enhanced to 10-20 years if he only has 1 prior felony, and enhanced to 20 to 50 years if he has 2 or more prior felony convictions.

1 Answer | Asked in Construction Law and Contracts for Kentucky on
Q: Can we cancel a contract if the fulfillment of the contract is taking too long?

The contract we signed was for pouring our concrete patio. We paid 50% down per the contract. The contract was to begin April 5. It has taken 2 1/2 months and we still don’t have our con Crete. The contract we signed has a termination clause and this clause says that the contract can only be... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2021

Depends solely on the terms of your contract. You should probably have a lawyer examine it for you.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: We purchased an 8 wk goldendoodle from breeder in KY. We picked him up on 6/10/21, had papers from breeder/vet.

Puppy DX w/parvo 2nd day we had him, is there any liability that goes back to breeder? Puppy made it home after being at vet hospital for 6 days

Timothy Denison
Timothy Denison answered on Jun 18, 2021

It depends on the terms of your contract with the breeder. It should set out the terms and responsibilities of both parties.

1 Answer | Asked in Child Support for Kentucky on
Q: Child support

Can I be ordered to pay child support if I've taken no DNA test or been served with a summons to appear in court? A lady says I'm the dad but never put my name on the birth certificate. She is getting state benefits for the child and listed me as the dad in order to get food stamps. But... Read more »

Timothy Denison
Timothy Denison answered on Jun 17, 2021

No. They cannot.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What to do if venue is not properly transfered

The court where venue is proper did not properly transfer venue according to the the statue and civil rule. Civil rules and Statue require a motion to change/transfer venue to be timely filed. The adverse county is attempting to proceed with the case before it. What step should I take to halt or... Read more »

Timothy Denison
Timothy Denison answered on Jun 16, 2021

File a motion for Prohibition (of Transfer of Venue) with the Court of Appeals.

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got pulled over for going 87 in a 70. I was not going that speed but truly was going 75.

I would like to represent myself at trial due to it being false. What is the first step to take? And what can I do to show I am really telling the truth over the officer's story?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If you were going 75 in a 70 then you are still speeding and depending whether or not there is a bump in a fine for excessive speeding, more likely than not, you have the same consequences. My suggestion is that you contact a few traffic ticket attorneys in the jurisdiction/area the ticket was... Read more »

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: I have an old DUI case from 2014 that just popped up in a background check. How much would it cost to take care of it?

Charges: DUI and Disregarding a Traffic Light. I was visiting KY and I live in Alaska. I don't have intentions or means to return to KY but I would like to take care of this so it is no longer pending on my file. The status says that a bench warrant was issued. I'm not sure how to go... Read more »

Kristin Michelle Russell
Kristin Michelle Russell answered on Jun 15, 2021

You need to contact a Kentucky DUI attorney who can help evaluate your case. You may be able to plead guilty remotely using Zoom depending on the county, but a DUI remains on your record for 10 years. Most counties are requiring an in-person appearance for a trial now.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If a person has been indicted and is incarcerated how many times can the trial be delayed before being dismissed?
Timothy Denison
Timothy Denison answered on Jun 15, 2021

As many times as the Court will permit it.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Speeding 50 in a 25, 2 years ago was incarcerated for something else what do I do? Read the more info to understand

I got pulled over for speeding but I had a warrent I went to jail in a different county then my speeding ticket. They never took me to court for it and that was two years ago I got released on probation in December they said I needed to be call and be put on the docket. What do I need to expect... Read more »

Timothy Denison
Timothy Denison answered on Jun 14, 2021

Hire a lawyer to handle your case so you don’t go back to jail and resolve it once and for all.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Can a Bullitt county cop issues tickets in Jefferson county and lie and say the ticket was issued in bullitt county?
Timothy Denison
Timothy Denison answered on Jun 14, 2021

No. The video of the stop should solve the jurisdiction issue.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Someone got arrested for domestic violence 4th, strangulation, and 2 failures to appears what is to expect to happen?

This is first time ever being arrested. Failure to appears result from back child support and not going to court. What is the punishment going to be? Will they drop from a felony?

Timothy Denison
Timothy Denison answered on Jun 14, 2021

Probably a plea to misdemeanor assault and if they have a good lawyer, diversion.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: When can we take ownership of kitten with a microchip that owner does not call back?

We found a kitten and the vet has been calling and leaving voicemails for a week on the number listed on the chip. When are we allowed to take ownership and get the vet to give the kitten an exam and vaccines?

Timothy Denison
Timothy Denison answered on Jun 14, 2021

As soon as the vet agrees to release the cat to you.

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