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Kentucky DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: What happens when an original Plea deal goes missing and another that wasnt agreed upon is in my file

Pled guilty, with no proof of injury and agreed upon original plea deal went missing, and Unauthorized agreement instead, in its place.

Timothy Denison
Timothy Denison
answered on Jul 27, 2020

You may want to see if there is any reason for the change. If you didn’t agree to it, you may want to ask the court to set aside the plea agreement and inquire into the unauthorized ple. Consult a lawyer before you do anything.

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison
answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can the judge send me to jail?

I was convicted of 3rd dui aggravated in Kentucky. 60 min sentence. They asked me if I wanted long term rehab and I said yes. I served 33 days in jail and they got me out and sent me to a 9 month long rehab. I completed the rehab and was told early on I’d have to finish my 60 day sentence. I went... View More

Timothy Denison
Timothy Denison
answered on Jun 28, 2020

Doubtful he will remember and if youve been discharged from probation, it won’t likely be an issue.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: I got 2 DUI'S within 15 days of each other.. When court was all over I was charged with 2 DUI First

What does that mean? And if I get another one is it my 2nd or 3rd?

Timothy Denison
Timothy Denison
answered on May 19, 2020

If you get another one within 10 years it is your third offense.

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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: i cant pay towbill. can i get my personables and tag from the truck

the truck is clean with no liens by the sheriff. i am disabled and cant pay the 500 to get it out.

Timothy Denison
Timothy Denison
answered on Mar 8, 2020

Probably. Call the sheriffs office and request access to the vehicle to retrieve your personal property.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I was suppose to come back to court with proof of drivers license.. I’ve paid off the classes and I have 2 classes left

Will the judge give me more time ??

Timothy Denison
Timothy Denison
answered on Mar 4, 2020

Yes.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My son got a DUI 2 years ago. Is there anyway it can be reduced to reckless driving? He has no other offenses.

He had just graduated from UK. Because of the DUI, he is having difficulty finding employment in his degree.

Timothy Denison
Timothy Denison
answered on Feb 21, 2020

Not likely, no, although you can consular a criminal defense attorney to examine the options.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: I got a DUI on drugs, meth, can I get this reduced to a misdemeanor
Timothy Denison
Timothy Denison
answered on Jan 28, 2020

Dui 1. 2 and three are misdemeanors already.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Maximum jail time for 3 cases including a dui and 3 different driving dui suspended license? Would it become a felony?

All the same day. First Case. Operating motor vehicle under influence second offense , driving DUI suspended license 1st Offense Aggravator

Second.Speeding 5mph over, driving on DUI suspended license 1st offense

Third. Driving DUI suspended license 1st offense Aggravator... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2020

One year on all the misdemeanors. The osl-dui 3D is 1-5 years and is a felony.

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: I recieved a dui in kentucky, but live in Montana. How will I I have to complete alcohol classes?

I am working here in Kentucky until March.

Timothy Denison
Timothy Denison
answered on Jan 20, 2020

Do the accelerated alcohol classes while you’re still here in Kentucky.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My gf is under house arrest. She will have to take a drug test. I live in the same house, will I have to take one too?

My girlfriend will start house arrest for 4 days in January for a DUI she obtained within the last 2 months. She will be subject to a drug/alcohol test. I live under the same roof, will I be subject to a drug/alcohol test as well, even though I’m not the one that will be under house arrest?

Timothy Denison
Timothy Denison
answered on Dec 10, 2019

No. Just her.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Pulled over in Kentucky for no illumination over license plate. Car smelled like marijuana got ticket for dui

1. Pulled over for no illumination of license plate.

2. Car smelled of marijuana when window was down handing officer his credentials.

3. Officer asked if he had been smoking.

4. Kid answered yes a few hours ago.

5. Officer removed kid from car.

6. Asked kid... View More

Timothy Denison
Timothy Denison
answered on Dec 2, 2019

Not likely from the facts you’ve given although it might be possible depending on other facts developed through discovery.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: My mom and I were on our way to work and she got pulled over for speeding and driving with a suspended license.

She didn't have her drivers license or registration on her and was arrested. I don't know who to call or who I have to talk to to get it set up for her to get out. Where do I need to start? And what do you think her punishment will be?

Anna Aleksander
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Anna Aleksander
answered on Oct 23, 2019

If she was arrested in the morning, her bond should be reviewed by the judge the same day "usually." She will have arraignment in the next 24 hours if she is not bonded out sooner. Typically if arrested in the morning, her arraignment is at 9:00 a.m. the next day. This information should... View More

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Was charged with aggravated dui and evading on July 2. Case still pending so can I get restricted lisence till trial?

Was sitting in parking lot when cop arrived pulled over to him to explain. Gave eye test with me seated in car. Requested breath test but cop said no. Refused to tell me his name and even hid name tag

Timothy Denison
Timothy Denison
answered on Oct 9, 2019

You should get your license back on or about November 2, 2019, after the 120 pretrial suspension expires.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I got a ovi in ohio 27yrs ago. Wasnt convicted because I didnt appear in court, I have a Capias out for me. But I paid a

Boat load of money in 98. I have had my ol in ky since. So what will happen to me in Ohio?

Timothy Denison
Timothy Denison
answered on Sep 23, 2019

Probably not much. The penalties on DUI 27 years ago were pretty light. You should hire a lawyer to resolve this for you.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: In Kentucky, does a felony dui conviction prevent you from holding an elected union position?
Timothy Denison
Timothy Denison
answered on Jul 19, 2019

No. Only public office.

1 Answer | Asked in DUI / DWI and Immigration Law for Kentucky on
Q: I'm looking for an opinion and maybe direction on entering Canada through International Falls for a fishing trip?

To explain, I've learned entering Canada after a DUI is difficult. I had a DUI in Californian in 2007. I completed a 6 month program and applied to have the case expunged. My attorney and I were successful. As of 2012, my case now shows "not guilty", "case dismissed".... View More

Timothy Denison
Timothy Denison
answered on Mar 18, 2019

If the case was dismissed and shows it was dismissed, you should not have any trouble. If the case was expunged and there is no record of it, you should likewise gave no trouble. It only likely becomes a problem if there was and is a conviction.

2 Answers | Asked in DUI / DWI for Kentucky on
Q: I have been charged with a dui. I need a lawyer to represent me. My income is limited. Do you offer pro Bono service?
Kristin Michelle Russell
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Kristin Michelle Russell
answered on Mar 4, 2019

You may qualify for a court-appointed public defender. You should fill out an Affidavit of Indigency at the district clerk's office in the county in which you have been charged. The court will determine your eligibility.

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2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

I have narcolepsy and it makes me drowsy when I drive I was having a attack when officer arrested me can I have case reheard?

Daniel P Leavitt
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answered on Dec 21, 2018

I would think you will have a tough time getting that reheard but it will be up to the judge. I practice in front of judges who are good about putting everything on the record to make sure the plea of guilty is entered freely and voluntarily and without coercion but the decision will be up to the... View More

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: What happens when someone under 21 gets caught drunk driving?
Timothy Denison
Timothy Denison
answered on Dec 6, 2018

There is an under 21 dui with a .02 threshold and a regular dui (which can apply to under 21) with a .08 threshold. Under 21 has reduced penalties whereas the tegular dui carries the standard first offense penalties.

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