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What is DUI Aggravator?

Posted on January 24, 2017 in DUI General Criminal Law Issues - Northern KY

Kentucky DUI law, as stated in KRS 189A.010, outlines certain criteria (referred to as aggravators) that increase the mandatory penalties for a DUI conviction.

Those criteria are identified as aggravators.  The follow are those criteria or “aggravating circumstances” that increase the jail sentence if convicted:

  1. Refusal of request for testing breath, blood or urine;
  2. Having a blood alcohol level over .15;
  3. Having an accident with death or serious physical injury;
  4. Going the wrong way on a limited access highway;
  5. Driving over 30 miles per hour above the speed limit; or
  6. Having a child under the age of 12 in the vehicle.

There are six (6) criteria that mandate the increased penalties.  (see KRS 189A.010(11))  Those penalties only affect the jail sentence associated with the DUI.  For a first offense, the minimum jail sentence is 0 days but with an aggravator, there is a minimum 4 day sentence. Second offense within 10 years carries a minimum jail sentence of 7 days and 14 if aggravated.  Third offense within 10 years has minimum 30 days incarceration and that doubles to 60 days if an aggravating circumstance exists. Fourth offense within 10 years is a felony, but 120 days in jail is the minimum which doubles if aggravated.

If you have been charged with a DUI, you should hire an experienced criminal defense attorney.  For consultation in Boone, Campbell or Kenton county, call the Bouldin Law Firm at 859-581-6456.  Contact Mike Bouldin at 581-MIKE or email at mwbouldin2@gmail.com.

New Felony in 2017

Posted on January 8, 2017 in General Criminal Law Issues - Northern KY

If you have been changed with a felony in Campbell County, Kenton County, or Boone County, call Michael Bouldin for a consultation. You need an experienced criminal defense attorney to guide you through the process and protect your rights.   You can email at mike@bouldinlawfirm.com or call the office to schedule.

Whether you are innocent of the crime or you need to get the best deal possible, you need to hire the best attorney that you can afford knowing your rights and having an attorney to present your case is the best opportunity for a favorable outcome.  Do not assume that everyone is equal.  Price is one factor in determining if you have hired the best attorney to represent you.  You should discuss your case with your attorney and be assured that they have handled these types of case, that they are familiar with the local prosecutors and judges and that they will do their best to provide the best possible outcome.   Make sure you trust that the attorney’s advice is in YOUR best interest.

Mike has bheen practicing criminal defense law in Northern Kentucky for over 22 years and, together with Kris Nevels, a 7 year attorney, they provide a team approach to assuring clients the best possible service.
Call 859-581-6453 (581-MIKE) to schedule a consultation or inquire as to retainer fees to hire the Bouldin Law Firm.

Coverage In Northern Kentucky

Posted on November 4, 2016 in Uncategorized

If you are an attorney outside of Northern Kentucky and need coverage, contact the Bouldin Law Firm to handle your appearance(s).  We cover all courts in Boone, Campbell and Kenton counties and can occasionally be available elsewhere. If you are an attorney in Lexington, Louisville, Bowling Green or elsewhere and cannot be in two places at once, call us.  Both Michael Bouldin and Kristopher Nevels are in court nearly every day.

Most district courts will allow coverage for arraignment or pretrial without change of or adding additional counsel of record. We will provide this service at reasonable rates. While our hourly rate is $250/hour, we can often provide coverage in less than one hour’s time.  Of course, we are also available to co-counsel cases after discussion with an attorney.

We’ve been representing criminal defendants for felony, misdemeanor, DUI and traffic cases for over 20 years and can handle your case.  Having a small practice is difficult and often attorneys need to be in multiple locations.

If you are a lawyer and need help with a case in Northern Kentucky, call the law office of Michael Bouldin and talk to Emily, Kris or Mike.  Call 859-581-6453.  You may also email at mike@bouldinlawfirm.com.  *NOTE: Nothing herein is intended to procure coverage without verification.  Do not send an email and assume that your case will be covered.  Call if any questions or concerns.

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Ft. Thomas Heroin Arrests

Posted on February 26, 2016 in DUI General Criminal Law Issues - Northern KY

Ft. Thomas has begun to take proactive steps to increase arrests in attempt to decrease heroin use and abuse in Northern Kentucky.  WCPO reported on the initial arrest of a 28-year-old Cincinnati woman and confiscated eight ounces of heroin, eight ounces of crack, a loaded 9 millimeter handgun and $3,000 in cash. Local 12 had the exclusive picture.

Again on February 22, 2016 a driving fatality is linked to heroin use while operating a vehicle.  This was reported by the Enquirer and was the latest possible case of “drugged driving” in Northern Kentucky resulted in a single-car crash that killed one person, ejected and critically injured a 7-month-old and injured two others Monday afternoon.

While toxicology reports are not yet in, Fort Thomas police said they found syringes in the vehicle. In the midst of a heroin epidemic, neither law enforcement nor medical caregivers are surprised.

The crash on eastbound Interstate 275 in Fort Thomas near the Ohio border occurred around 2:30 p.m. The vehicle involved rolled multiple times and tied up traffic in the region for more than four hours as officials removed the unidentified, deceased male and investigate.

A number of additional arrests have been made by Ft. Thomas Police in Campbell County.

Any criminal defendant arrested should be seeking the best criminal representation.  For consultation in Northern Kentucky, call the Bouldin Law Firm and schedule to meet with Michael Bouldin.  Contact at mwbouldin2@gmail.com or call 581-MIKE; 859-581-6453.

 

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What is Penalty for Second Degree Assault in Kentucky?

Posted on November 6, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Second degree assault in Kentucky is a Class C Felony and the penalty is 5-10 years of incarceration and up to $10,000 fine.  Assault, 2nd (A2nd) degree can be assault with a deadly weapon or dangerous instrument or assault with serious physical injury.

KRS 508-020 defines Assault in the second degree.
(1) A person is guilty of assault in the second degree when:
(a) He intentionally causes serious physical injury to another person; or
(b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the second degree is a Class C felony.

Serious physical injury is defined by statute and requires specific and detailed injuries. A “dangerous instrument” means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.

Assault first degree, A1st, requires both a deadly weapon AND serious physical injury.  Assault Fourth – A4, is a misdemeanor and is physical injury to another without a dangerous instrument or deadly weapon.  There are other issues which must be addressed to determine if a case should proceed to a JURY trial, bench trial or alternative resolution.  It is generally advisable to utilize the services of a local attorney so that you can understand the pros and cons and base your decision in part on which judge and that attorney’s experience.

If you have been charged with assault (first, second, third or fourth) you need an attorney.  For consultation about your case in Northern Kentucky, call lawyer Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

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Do Any Attorneys Practice Divorce and Criminal Law?

Posted on April 9, 2014 in General Criminal Law Issues - Northern KY Uncategorized

I have been practicing both criminal law (see blog) and divorce/domestic or family law (see blog) in Northern Kentucky for nearly 19 years.  Many practitioners choose to practice one or the other for any number of reasons.  Many criminal law attorneys hate the needy nature of many domestic clients.  Many family law attorneys do not like the rigid nature of criminal law, don’t want to deal with criminal defendants as clients or do not feel comfortable outside of the area of domestic law.

There is a great deal of overlap between criminal and domestic law.  There are many clients that are in juvenile or custody court due to alleged abuse which may also carry criminal charges, penalties or sanctions.  Domestic Violence and EPO/DVO practice borders both on family law and criminal law.  A finding of abuse may lead to criminal child abuse charges or assault charges.

Failure to pay child support may be handled in family court as contempt or may be charged as a misdemeanor or felony charges.  Assault on your spouse, child or significant other may end up in Juvenile Court, Family/Divorce Court, EPO/DVO court or District or Circuit Court for misdemeanor or felony charges… or in multiple courts.

With the experience of both, I am honored to have family law attorneys refer their clients who find themselves in criminal trouble.  I am equally honored that some criminal law attorneys refer their clients who have divorce, custody or other family law issues.  If you are an attorney looking to refer, call to discuss general issues or specific cases.*  If you are in need of either or both, call my office for a consultation.

Michael W.Bouldin can be contacted at mwbouldin2@gmail.com or by phone for question or appointment at 581-MIKE, 859-581-6453.

*Note: when receiving referrals from attorneys it is my practice to never “steal” clients as my practice is built primarily on referrals.  If the client wishes to change attorneys I do not accept representation.  I encourage clients to remain with their current attorney for the original purpose of representation.

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What is the Penalty for Marijuana?

Posted on March 12, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Marijuana possession in Kentucky is governed by KRS 218A.  Pursuant to 218A.1422, possession of marijuana is a class B misdemeanor.  Generally a class B misdemeanor is subject to up to 90 days incarceration, however this section limits jail to 45 days.  Remember, this is for a small amount of marijuana.  If possession exceeds 8 ounces, then it is presumed to be trafficking which is a class D Felony.  Trafficking of less than 8 ounces is presumed to be a class A misdemeanor, unless within 1,000 feet of a school, playground or daycare. There are separate charges for possession of paraphernalia.

If the amount exceeds 5 pounds, then trafficking is a class C felony, punishable by 5-10 years in prison.  Any defendant should be made aware that any trafficking charge carries the possibility of forfeiture of money, vehicles or property associated with the transaction.  The law varies greatly and the presumptions can be rebutted regarding trafficking versus possession.  As an aside, marijuana is very rarely charged as a federal offense unless the amount is extraordinary.

An attorney can assist in a number of ways to minimize or even help to avoid convictions for possession.  The first question is whether the search and arrest were legitimate and proper under the law.  Also, if a first offense the defendant may be eligible for diversion or may enroll and complete a marijuana education class which can allow for the conviction to be voided and ultimately expunged.

If you have been charged in Northern Kentucky, contact a criminal defense lawyer to represent you and apprise you of your rights.  In Boone, Campbell or Kenton counties, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

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What Is Trafficking in School Zone?

Posted on February 14, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Kentucky law enhances the penalties for trafficking of controlled substance or marijuana if the crime is committed in a school zone.  A school zone is defined as 1000 feet from any school building.  The distance is measured from the wall of the building in a straight line to the location of the sale. KRS 218A defines this this addition to trafficking offenses.

KRS 218A.1411 – Trafficking in controlled substance in or near school — Exception for misdemeanor salvia offenses — Penalty.
(1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation.
(2) The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia.

Normally, trafficking of marijuana is a Class A misdemeanor, punishable by up to 12 months in jail and/or a $500 fine.  If a defendant is charged with trafficking marijuana within a school zone (school area), this becomes a Class D felony, punishable by 1-5 years in prison.  Trafficking of controlled substances, generally Class C felonies (5-10 years), are enhanced to Class B felonies (10-20 years).

If you have been charged with ANY trafficking offense in Northern Kentucky, it is a serious charge and you need legal counsel.  For a consultation for Boone, Campbell, Kenton and Grant counties, emai Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

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Don’t Always Refuse Breathalyzer

Posted on January 2, 2013 in DUI

I believe that far too many criminal defense attorneys give faulty advice to “always refuse” the breathalyzer.  There are certainly times when refusal is better than taking the breath test, however it is good to know that there are consequences to the refusal itself.

If you are intoxicated, refusal will be the best way to possibly “win” the DUI case and be found not guilty.  The reason is that once you submit, the number itself can be used by itself to prove you guilty of DUI if over .08.  Also, if you blow over .15 (.17 in Ohio) then it is a high tier test which can enhance penalties.  If you are going to blow over .15, it is generally better to refuse the breathalyzer.

That said, if you refuse you will lose your license immediately in Ohio or at the first court appearance in Kentucky.  In Kentucky you will lose your license for 120 days, and there is no hardship privileges available.  In Ohio, you will lose your license fore 180 days, but can get hardship privileges after 30 days.  If you do not refuse, Kentucky will not suspend your license until/unless you are found guilty.  In Ohio, you still may lose your license if you test over .08, however you may get privileges after only 15 days.

The other bad cases are those where the arresting officer thinks that the driver is impaired and asks for a test and the driver refuses even though they have had no drugs or alcohol.  This may occur because the driver is tired or for other reasons.  I have represented individuals with disabilities what make them appear impaired but are actually not at all impaired by drugs or alcohol.  In one case, the defendant had a prior traumatic brain injury that affected his balance and his speech.  Fortunately, the fact that he tested .000 on the breathalyzer and blood test showed no drugs/alcohol, his defense was made much easier.

Other cases where the driver has only 1-2 drinks, they would often fare much better by taking the breathalyzer.  While the machine is not infallible, it is often working correctly.  If you are an average size adult, 1-2 drinks will very doubtfully put you over the legal limit of .08.  I often refer clients and potential clients to bloodalcoholcalculator .  This is less than perfect, but should give you a good idea of how much alcohol it takes to get to and above the legal level.  Reminder: a generous pour is often 2 shots, not 1.

If you have been arrested for DUI, contact a lawyer.  For consultation in Northern Kentucky or Cincinnati, call Michael W. Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com .

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DUI In Northern Kentucky

Posted on September 21, 2012 in Uncategorized

Recent increases in DUI arrests have resulted in a furor of legal activity in Boone, Campbell and Kenton Counties. If you have been charged with DUI in Northern Kentucky, contact Michael Bouldin by email at mike@nky-criminal-defense-lawyer.com or call the office at 859-581-6453.

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