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Tag: #penalty

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.

What Is Punishment for Driving on Suspended License?

Posted on August 31, 2015 in DUI General Criminal Law Issues - Northern KY

Kentucky law allows for jail time for first offense of driving on a suspended license.  Any first offense can carry up to 90 days of incarceration.  If charged with driving on a DUI suspended license, the charge may carry up to 12 months in jail.

KRS 189A.090 defines driving on suspended license in Kentucky.  Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited — Operating motor vehicle without required ignition interlock device prohibited — Penalties.

(1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.010(6), 189A.070, 189A.107, 189A.200, or 189A.220, or operate or be in physical control of a motor vehicle without a functioning ignition interlock device in violation of KRS 189A.345(1).
(2) In addition to any other penalty imposed by the court, any person who violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B misdemeanor and have his license revoked by the court for six (6) months, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class A misdemeanor and have his license revoked by the court for a period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class A misdemeanor and have his license revoked by the court for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of two (2) years; (c) For a third or subsequent offense within a five (5) year period, be guilty of a Class D felony and have his license revoked by the court for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of five (5) years.

In summary, if you are operating on a DUI suspended license, your first offense is a class A misdemeanor and a second offense is a class D FELONY!  If you are charged with operating on a suspended license, you need an experienced criminal defense attorney.  For a consultation about a case in Boone, Campbell or Kenton, Grant or Hamilton counties, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  Call 581-MIKE.

What Are Kentucky Penalties for Drug Trafficking?

Posted on February 25, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Drug trafficking penalties in Kentucky vary by the substance being trafficked as well as by the amount of drugs sold.

KRS 218A.1412 defines Trafficking in controlled substance in first degree and Penalties.
(1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of heroin or methamphetamine; (c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue; (d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; …
The penalty for violation of KRS 218A.1412 (1)(a)-(d) is 5-10 years in prison as a class C Felony for first offense and B Felony for second or subsequent offenses.
KRS 218A.1413 defines Trafficking in controlled substance in second degree and Penalties.
(1) A person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III; (b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for: 1. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or (c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph.
The penalty for violation of KRS 218A.1413 is 1-5 years in prison as a class D Felony for first offense.

The majority of drug trafficking cases are charged as Class C felonies.  That charged can also be increased if the trafficking is within 1000 linear feet of a school or daycare.  Marijuana trafficking is not included in this post may be a Class A misdemeanor or a Class D felony.  See prior post relating to marijuana trafficking.

If you have been charged in Kentucky or Federal court for trafficking of drugs, you need a criminal defense attorney. For consultation and representation in Boone, Campbell, Kenton or federal court, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.

 

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