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Questions Answered by Anna Aleksander
2 Answers | Asked in Personal Injury and Gov & Administrative Law for Kentucky on
Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
Anna Aleksander
Anna Aleksander answered on Dec 11, 2018

Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.

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2 Answers | Asked in Car Accidents for Kentucky on
Q: A 16 year old caught driving on KY intermediate license with too many passengers in the vehicle. How serious is this?

Another teen rear ended this 16 year old while she was driving illegal and he has had to pay for everything because he rear ended her. A settlement is pending thru insurance even though there was no injury. My point is she should not have been on the road at all. Shouldn't it be her fault?... Read more »

Anna Aleksander
Anna Aleksander answered on Dec 10, 2018

While driving without a license creates a presumption of negligence by KY statute, the courts hold that there must be a causal connection that is the proximate cause for the accident. With or without the license the fault for the accident is what matters. Basically the presumption can be rebutted... Read more »

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2 Answers | Asked in Divorce for Kentucky on
Q: I am filing for divorce KY on husband Texas do I or does he fill out form AOC-238.3 and AOC-239.3 In the form

We have agreed neither gets any maintenance and everything has been agreed on. We have been separated sense one month after our marriage 20 years ago.

Anna Aleksander
Anna Aleksander answered on Dec 6, 2018

Both parties must fill out and sign in front of a notary.

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Kentucky on
Q: I got diagnosed with PTSD after a particularly vicious dog attack. I'm afraid to leave my house because I have panic

attacks now whenever I see someone walking their dog. Can I sue the attacking dog's owner for emotional distress?

Anna Aleksander
Anna Aleksander answered on Nov 26, 2018

You should probably be able to yes as long as you have scientific proof of your suffering, damages. Also as of 2013, KY is no longer strictly an impact state. Osborne v. Keeny. This information is not intended as legal advice.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: My friend has been convicted with dui and in jail from Saturday morning 8:30. Will he be out in 8 hours ??

In last call with him told that he will be out in 8 hours but when I talked with officer, they don’t have any anticipated time ? Can I at least meet him on Saturday/Sunday?

Anna Aleksander
Anna Aleksander answered on Sep 30, 2018

Are you sure that he was convicted. Your question is missing a lot of details such as when, what was his sentence, on what conditions is he being released. Based on your question however, if the judge ordered him released, the jail can and sometimes does take their sweet time to process the... Read more »

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3 Answers | Asked in DUI / DWI for Kentucky on
Q: Can I be convicted for both a DUI charge and for a refusal to submit to a breath test?
Anna Aleksander
Anna Aleksander answered on Sep 20, 2018

189A.

105 Effect of refusal to submit to tests

--

Information required to be provided

when tests requested

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Ignition interlock license

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Court

-

ordered testing

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Right to consult...
Read more »

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1 Answer | Asked in Personal Injury for Kentucky on
Q: Is slipping and injurying myself on black ice on a storeowner's property something I can successfully sue over?
Anna Aleksander
Anna Aleksander answered on Sep 15, 2018

It depends but possibly yes. In KY the duty of care owed to you is defined by your status on the property as for example if you were an invitee on the landowner's premises they owed you a higher duty of care.

3 Answers | Asked in DUI / DWI for Kentucky on
Q: How many times can you get a DUI in Kentucky before you lose your license?
Anna Aleksander
Anna Aleksander answered on Sep 8, 2018

DUI are enhanceable offenses in Kentucky, meaning that the penalty increases with each subsequent offense. For 1st Offense 30 days - 120 days. For 2nd offense 12 months -18 months. For 3rd offense 24 months-36 months. For 4th and subsequent 60 months. See KRS 189A.070 as amended in 2016.

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2 Answers | Asked in Divorce for Kentucky on
Q: I am filing divorce from my husband. I can't afford an attorney. Do you know of any attorney's that do free divorces?

No domestic violence is involved, just verbal, mental abuse, and he is very controlling and I can not take it anymore.

He is a punk. We have been married 37 years.

Anna Aleksander
Anna Aleksander answered on Aug 28, 2018

The Legal Aid of Louisville try calling them or the Lawyer Referral Service. Ph # can be found online.

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2 Answers | Asked in Car Accidents, Workers' Compensation and Personal Injury for Kentucky on
Q: I was a passenger in a work truck involved in a 2 vehicle car accident(no fault). How would I file and what is the claim

Injuries-

-Liver allaceration

-Both lungs bruised right one with a little collapse,

-4 broke ribs (right side)

-right upper arm and side has stitches

(Need to know)

We wasn’t on the job. A employee had used the truck over the weekend while we was... Read more »

Anna Aleksander
Anna Aleksander answered on Aug 28, 2018

You will have claims for negligence against the driver of the vehicle that hit your vehicle. If the driver was on a frolic and not authorized to drive truck there maybe some issues, however, you should probably still be able to get PIP benefits or Assigned Claims benefits. You should consult a... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: Can a pedestrian be at fault in any way if they are injured by a car?
Anna Aleksander
Anna Aleksander answered on Aug 22, 2018

Kentucky is a comparative fault state. This site is for general questions only. To answer your question, yes it is possible. If the pedestrian was some percentage at fault in causing the result such as if for example he failed to yield the right of way to a vehicle or crossed the street on red... Read more »

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2 Answers | Asked in Divorce for Kentucky on
Q: We live in different states and I don't know her info can you help
Anna Aleksander
Anna Aleksander answered on Aug 14, 2018

This question was asked in KY divorce section and you appear to be from PA. I can only provide general advice regarding the law in KY. In KY, in a case where one spouse is absent or gone from the state, you may still get a divorce after a Warning Order Attorney is appointed to look for your spouse.... Read more »

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2 Answers | Asked in Divorce for Kentucky on
Q: I have been separated from my husband for 9 years. How long will a divorce take in Kentucky start to finish?

It will be a uncontested divorce and our child will be 18 in a few months. All issues were worked out years ago.

Anna Aleksander
Anna Aleksander answered on Aug 2, 2018

Divorce in Kentucky does not take long if all the paper work is submitted. If all your issues are worked out both parties would sign off on the divorce agreement, some additional paperwork and proof will have to be submitted to the court and a motion for decree, and proposed decree. The process... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Kentucky on
Q: I have a signed temp custody order, and my soon to be ex husband has taken off with daughter, and the police won't help!

He pack up and left last Thursday while I was at work, and has cut off all communication. I need help getting my 3yr old baby back as soon as possible. If he is at work, and my baby is left with someone, will the police make them give her to me?

Anna Aleksander
Anna Aleksander answered on Jul 27, 2018

You should probably take legal action in Court, such as contempt, or Motion for return of child etc. This site is for general advice only and your question can't be answered without an appropriate legal consultation.

2 Answers | Asked in Personal Injury for Kentucky on
Q: I got hit and wasn't at fault, but I was drinking and the police did a sobriety test -

- do I have to tell my insurance company?

Anna Aleksander
Anna Aleksander answered on Jul 27, 2018

You should not give a statement, you should probably consult with a lawyer. The police report should indicate the party at fault.

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2 Answers | Asked in Car Accidents for Kentucky on
Q: My first offer from auto accident was 10k I denied it doesn't the offer get bigger and I was hurt contusion right arm

Brace for 7 week lost my job

Anna Aleksander
Anna Aleksander answered on Jul 27, 2018

You should probably contact a lawyer if you haven't already. Insurance companies will not give you their best offer without an attorney.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Are there worse DUI penalties in a school zone?
Anna Aleksander
Anna Aleksander answered on Jul 27, 2018

No in Ky : Per Kentucky Revised Statutes

For purposes of this section, aggravating circumstances are any one (1) or more of

the following:

(a)

Operating a motor vehicle in excess of thirty (30) miles per hour above the

speed limit;...
Read more »

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