posted by admin on May 27
“1. Charging Process: After the police officer decides to charge you, he or she will prepare a criminal complaint and an affidavit of probable cause (usually a brief summary of the incident in narrative form) and file it with the local District Judge in whose jurisdiction the offense is alleged to have been committed. This process can take anywhere from a couple of days to several weeks depending upon the officer. The District Judge mails the complaint to you usually via certified and regular mail. Beware, the District Judge will issue a warrant and have you physically arrested if you fail to acknowledge service of this paperwork. In rare circumstances, usually when a driver is from out of state or country, an officer will actually prepare the paperwork while you are in custody following the arrest and you will be taken in front of a District Judge who will set bail. This is called a preliminary arraignment. In either case, you will receive written notice that a preliminary hearing has been scheduled and an order requiring you to get fingerprinted and photographed. It is this process that initiates a criminal history. Read the rest of this entry »
“What Is Kentucky’s DUI Law? What Does It Mean? DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “”Illegal Per Se”" provision. “”Illegal Per Se”" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.
“Kentucky DUI Law: Kentucky uses two theories to find liability in drivers suspected of DUI. The first of these is the per se theory of intoxication. Under the per se rule, any person with a blood alcohol level that exceeds .08% is per se guilty of violating the state’s prohibition against driving while intoxicated. The per se rule is a little tricky, since it does not take into account the state of the driver at the time of the arrest. Proof of per se intoxication is typically obtained through blood or breath testing, although the police may request a urine test if they believe it is the best means of ascertaining the arrestee’s level of intoxication.
“United States began to toughen their law for DUI in response to public outcry. Today, it is not necessary that a person be “”drunk”" to receive a DUI citation in las vegas. If your breath or blood test shows an alcohol concentration of .08% or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the State of Nevada. You may not think that you are intoxicated and those around you may not think that you are intoxicated. However, you may be considered intoxicated for any the purpose of driving. That is, you may have enough alcohol and/or controlled or prohibited substances in your system to be considered too intoxicated to drive. If you are convicted ,you will suffer harsh penalties.
