PO Box 370
Greenville KY 42345
Phone:270-338-0816
Fax: 270-338-1639
Visit My Website
Firm Members:
Brent Yonts KBA# 79435
Daniel Sherman KBA#90794
States/ Courts Admitted:
Kentucky - All Courts. U.S. District, Western District of Kentucky, 6th Circuit U.S. Court of Appeals
Law School:University of Kentucky - 1975
Undergrad:Murray State - 1971
Memberships
Kentucky General Assembly Since 1997, Kentucky Bar Association, 45th Judicial Bar
Areas of Practice:
- Criminal-DUI, Misdemeanors, Felony, Probation Revocation, Traffic Offences, Juvenile
- Domestic Relations-Custody, Divorce, Child Support, Visitation, Adoption
- Social Security Disability-SSI, SSDA, KY Retirement Systems
- Workers Compensation
- Probate-Estates, Trusts, Estate Planning
Drunk driving cases can be brought even if there is no impairment to a person's driving, due to the per se laws. These laws criminalize driving based upon the "science" of blood or breath alcohol testing, and being above a certain level, even if there is nothing whatsoever wrong with the way the person is driving.
Kentucky "repeat offender" status for DUI cases is determined based upon a five-year "lookback" period. This status is used for purposes of increased mandatory minimum punishment. This "lookback" period has nothing to do with how long a DUI remains on your record. For purposes of Kentucky law, the "lookback" period is calculated from arrest date to arrest date.
First offense Kentucky DUI Cases are punished as follows:
- Fine: $200.00-$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.)
- Jail: 48 hours to 30 days. Under Kentucky law for a first offender, either a fine or jail must be imposed.
- Community Service: In lieu of a fine or imprisonment or both, an offender can apply to the judge for permission to enter a community labor program for not less than 48 hours nor more than 30 days.
- License Suspension: For Kentucky residents 21 and over when arrested, a District Judge can impose a license suspension between 30 and 120 days. A hardship license is available if the suspension is more than 30 days. Drivers under 21 will be suspended for 30 days to six months and can have a hardship license. After the license suspension and completion of alcohol treatment, drivers may be reinstated.
- Alcohol and Drug Assessment and Treatment: Ninety days.
Any non-Kentucky driver's home state licensing agency (DMV, DPS, etc.) will receive notice from the Kentucky Department of Transportation if any license suspension or case disposition (conviction or plea) occurs in Kentucky and the non-resident's license is involved. In almost all cases, a guilty plea or guilty verdict in a DUI in Kentucky will cause a suspension to occur in the non-resident's home state. A "not guilty" verdict or other non-DUI disposition of the case will prevent such consequences. These suspensions can be lengthier and reinstatement more onerous. This puts a premium on winning the case, or obtaining a non-DUI disposition.
Links
Northern Kentucky Bar Association
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