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not in vechicle, car in area, no driver, test was given failed sobreity and field test, but he was not driving, and officer gave him a dui anyway what can we do, with over 1/3 left and obligation to pay fine over 915.00
answered on Apr 17, 2018
If your son had a lawyer, or has pled guilty and been sentenced, it will likely be difficult to do. If he did not have a lawyer, you might be able to go in and have it set aside, although most judges don’t like to set aside pleas absent some type of fraud or mistake etc.
answered on Apr 17, 2018
If the driver has already plead guilty and been sentenced, it may be tonight to do. If he has not been sentenced, you can move the court to set aside the plea. However, judges are reluctant to do this absent some kind of showing of fraud, mistake, excusable neglect etc.
Someone called and reported that he was swerving so the cop ended up following him on a street he noticed the cop and pulled into a driveway where it was dark and scrapped a cable box, the cop stopped and asked questions, did a walking test and arrested him for dui. He doesn't remember the cop... View More 
answered on Mar 5, 2018
It really doesn't matter where you are stopped in regards to a DUI. If operating a motor vehicle and under the influence of alcohol or other intoxicant, officers, with probable cause for DUI, can effect an arrest. It severely weakens their case when someone refuses the breathalyzer because... View More
I let my friend borrow my car to go to the gas station and back. I have a witness that I said, "Promise me, only the gas station and straight back" and he said, "Yes, I promise. There and back." 4 hours later I get a call that he has totaled my car in a ditch driving drunk. He... View More
answered on Mar 4, 2018
The proper charge is Unauthorized Access to a Motor Vehicle. If you say it was stolen your friend will retaliate with, "hey, I know him and he gave me the keys and authority to drive the car. I was gone four hours, but I had no intent to permanently deprive him of his vehicle. He knows... View More
answered on Mar 4, 2018
He can, but there is a good chance he will not. A 4th offense is a Class D felony and calls for 120 days to serve that will not be set aside or probated. Most people try to get a one year sentence and go to the penitentiary because of the mandatory serve time. They end up not doing much more or... View More
Hello, I have a hearing to get my license revoked here in the state of kentucky, in about a month. My question is..if I move to another state and transfer my license there. Will they know? Will Kentucky notify them after the fact? Its not for accidents or anything or dui.. Its because I got a... View More
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answered on Aug 10, 2017
Once you are suspended or revoked in one state, other states will almost always FIND this on their national computer database. The National Driver Registry and other tools are in place to FLAG and deny you a license elsewhere. See this Wikipedia link:... View More
answered on Oct 1, 2016
That depends upon the facts of his particular case. He needs to discuss his options with his public defender.
He has been in jail since the 17th id this month how long will he have to stay, their talking like they may lower it to a 3rd offense.
answered on Sep 30, 2016
He needs a lawyer right now. If he cannot afford one, he needs to request a public defender.
drugs. All first offences. Been arraigned. First time charges. Never been in court before. We have a child. Will she get out on 15th? What do we think judge will do? What CAN judge do? I'm hoping for court-ordered for her to seek out treatment, which she wants to do anyway. Thanks.
answered on Sep 24, 2016
Those are all serious charges, requiring the assistance of an attorney. There is no way to predict what a judge will do. Every case is different.
Here are the penalties. It seems like the cost of the attorney would be greater than the most extreme cost of paying the penalty.
$200 - 500 Fine
2 to 30 Days in Jail*
90 Days of Alcohol or Substance Abuse Program
30 to 120 Day License Suspension
Possible 48 Hours - 30 Days Community Labor
answered on Sep 18, 2016
She needs a lawyer. Nobody should ever plead guilty to a crime without legal counsel.
I have had three informal hearings in Illinois and have been denied all three times. I have had two DUI's the first one I was given court supervision, the second one I was able to apply for reinstatement in 1990 but I didn't pursue it thinking I wouldn't be able to drive for a long... View More
answered on Sep 11, 2016
In order to get a Kentucky license, you need to clear your Illinois license first.
answered on Jul 15, 2015
Most states have a slightly less serious charge for this situation. Here in Ohio, it is known as "physical control."
answered on Sep 23, 2014
Kentucky does not allow you to take classes online anywhere in the country. However, you can take classes in a facility out-of-state that the Kentucky courts have approved of and have that count towards your requirement.
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