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Kentucky DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Can a 2nd DUI be reduced to reckless driving. Gave blood had prescribed suboxone and delta 9 in test.

I'm a on parole if convicted my parole gets revoked. Can this get reduced down

Anna Aleksander
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Anna Aleksander
answered on Apr 8, 2023

In KY any DUI can be reduced or dismissed if the circumstances and facts warrant it. If you have a strong defense and or the prosecutor's case is weak then yes it is possible. Can your specific case be amended? That is not possible to determine without looking at the case and knowing all of... View More

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2 Answers | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: How can I get my license back after 5,yrs ? Paid fines.

My license was suspended and I have never gotten them back. Can you advise?

Leland Hulbert
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Leland Hulbert
answered on Dec 28, 2022

I would start by going to the Dept Of Transportation website and getting a driver record. If it looks clean and you should be able to go to the drivers license branch to get a new license. If it’s not clean you can call them and they should be able to tell you what is wrong.

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1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Kentucky on
Q: I seen my kids mother in traffic I went the opposite way she did , but her friend told me she filed a complaint on me.

There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: How can I find out if the grand jury met and didn't indict me and past it to the next grand jury meeting

I am trying to find out if they didn't indict me and past all the evidence to the next grand jury

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

You will need to call the office of the grand jury to find out the s hedule g.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I have a DUI question in kentucky

I got 2 duis in 60 days and my 2nd hasnt been finished in the courts yet. I blew over the limit for both. What should i expect.

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

You may be able to resolve them for two dui first offenses rather than a first and second. You also may be able to get minimums on each. Check with your lawyer and see if that’s possible in light of the facts of each of your dui cases.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: If my brother is released on the sixty day rule what happens next

He has a 100,000 dollar bond and has not been indited yet it has been 62 days since his last court date

Timothy Denison
Timothy Denison
answered on Dec 6, 2023

He will have to appear if they ever get around to charging him.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: My brother has a public defender he is currently in jail been 67 days under a 100,000 dollar cash bond

has not been to grand jury yet what should I do to get him released he has never been in trouble before this situation

Leland Hulbert
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Leland Hulbert
answered on Dec 6, 2023

Being in jail 67 days does not trigger any automatic release. He has to have been in jail more than 60 days from the day his Case left district court and went to the Commonwealth attorneys office for review. If you believe that is happened, I would hire a private attorney to follow motion... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My boyfriend is in custody today makes 67 days not yet indited 100000 dollar bond what should I do
Timothy Denison
Timothy Denison
answered on Dec 6, 2023

Have his lawyer make a motion for release from custody under the 60 day rule.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Will a dui stick if the cops came and got me out of bed 30 minutes after I got home, with no keys on the vehicle?

My wife went to town and someone called my truck in for swerving, this was 30 minutes after she got home, we were in bed, there were no keys in anything. The police said they had a report of that truck swerving 30 minutes before. My wife said she went to town, but we were already laying down in the... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2023

You may possibly have a winning case on your hands.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: husband arrested for a DUI, is diabetic and was not intoxicated. based on field test. What should we do.

he was not read his rights, but because his pupil were dilated and he has a lazy eye, his balance was off because he has a bad hip from childbirth, and get confused when nervous they charged him with a dui and arrested him. He does not drink, smoke or do any kind of recreational drugs.

Timothy Denison
Timothy Denison
answered on Sep 20, 2023

Hire a criminal defense lawyer immediately. If he was not intoxicated, you may have a winning case.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: In ky is there a 5 year wait out period instead of taking dui classes?

Two family members told me that instead of taking dui4 classes. They waited out 5 years and got their license back without any issues or classes. I live in ky

Timothy Denison
Timothy Denison
answered on Sep 9, 2023

No. There is no wait out period. You must take the classes before you get your license back.

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I was arrested for a dui last night first offense and am looking for advice on next step

Was I I still stopped for no license plate lights then office smelt alcohol. Performed field test then blew a breathylizer. After breathylizer I blew 0.13 and was taken to the jail

Timothy Denison
Timothy Denison
answered on Jul 22, 2023

Enter a plea if not guilty snd hire the best criminal defense attorney you can.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My daughter got invited after a year for some Dui changes
Timothy Denison
Timothy Denison
answered on Apr 14, 2023

What is your question? There is no statute of limitations on a felony in Kentucky.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can I sue a plasma donation center for saying that I can't donate for 30 days because the nurse said I was drunk and I

Was not ; she didn't do any tests, I just think she doesn't like me?

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

No. You don’t have any damages.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Got 2 duis 2014 and 2016 never took care of it until now. Never was issued a permit or DL from DMV. Needing license

I’m trying to figure out what’s required for me to get my permit and license. I am 26 and never had permit before but still got charged with dui twice. Once in 2014 and the other in 2016. What do I do to take care of this?

Anna Aleksander
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Anna Aleksander
answered on Jan 31, 2023

You should take care of your DUI cases by hiring a lawyer or by taking care of them yourself by redocketing (less advisable).

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: If I have a warrant In Kentucky can I go to the regional driver’s license office and get an ID card made?
Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

I think you may have already asked this question. The general answer is probably. They do not typically have law enforcement to arrest you at the driver license office.

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can I be charged with DUI if I was outside of the car inside a store before cop pulled up? Says he saw me driving.

Was driving on do you are suspended license all had parked at the liquor store, went in the store got what I wanted and I was I was checking out I seen the cop circle through the parking lot. When I came out of the liquor store I knew he was waiting on me so I took off running and was later... View More

Timothy Denison
Timothy Denison
answered on Oct 5, 2022

Yes.

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