General Litigation

Lawmakers Consider Marijuana ‘Legalization’

State Senator Perry Clark (D-Louisville) introduced a measure that would allow recreational use of cannabis. What effect would such a law have on DUI drug offenses? Much like similar measures in California and about twelve other states, BR 408 would allow Kentuckians 21 and over to possess up to one ounce of marijuana (about 50 joints) and/or five plants for cultivation; the proposal would also allow free transfer of the ounce or the plants and allow marijuana consumption on private property with the owner's consent. Penalties for possessing more than an ounce or five plants, as well as smoking marijuana in...

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Eminence Woman Charged With DUI And Murder

In a case that smacks of overagressive DUI prosecution, Henry County prosecutors pressed murder charges against a 27-year-old woman following a fatal collision.

Responding to a 9-1-1 tip, police arrived at a crash scene on Lake Jericho Road. According to witnesses, the driver crossed the center line and crashed into 34-year-old Louisville resident, who was pronounced dead at the scene. Apparently after seeing open alcohol containers in her car, officers had the driver perform field sobriety tests and then sent her to a hospital for a blood test.

In addition to murder, DUI, and open container violation, the driver was also cited for failure to produce an insurance card.

Setting Up And Modifying Spousal Support In Kentucky

Around the country, there is considerable hand-wringing about the purpose of alimony. Some believe that these support payment should be a mechanism that permanently equalizes the standard of living between the divorcing spouses while others see alimony as a means to an end. The Kentucky alimony law basically strikes a balance between these two extremes, because it allows for permanent payments as long as the obligee spouse can prove a financial or other hardship.

Modification can be a rather undertain proposition, since it can be based on objective income and expense data or on a more subjective relationship change.

How To Defend A Criminal Case

To obtain the best result possible under the circumstances in any criminal defense matter, an attorney must closely scrutinize both the law and the facts. A recent story from Louisville illustrates this process.

Authorities charged 38-year-old Lamberto Mendoza-Valle with muder and DUI-Fourth after a wreck near the intersection of Oakwood and Taylor. According to police, Mr. Mendoza-Valle said he drank eight beers at a friend’s house before driving home unaware that there was a passenger in the car’s back seat. He said he was speeding when another vehicle cut him off, forcing the collision.

Making And Breaking Premarital Agreements: A Primer

Just like there is nothing romantic about a life insurance policy, there is nothing romantic about a premarital agreement. But they both help people be prepared in case something unexpected happens, whether it be an untimely death or a divorce.

Premarital agreements have benefits during the marriage as well, because they eliminate money from the equation, and money is one of the leading causes of marital friction. These pacts can also set ground rules for inheritance and succession, so insecurity and doubt cannot take root.

Before the advent of the Uniform Premarital and Marital Agreements Act, the complex web of laws meant that only the super-rich needed to bother with premarital agreements. But because of the UPMAA, the law is now much easier to understand and apply.

Divorce, Child Support, And College Expenses

As the calendar inches towards spring, many Kentucky homes with high school seniors are abuzz with talk of post-secondary education. Along with the normal discussions about what school to attend, what course of study to pursue, and the number of campus bars within walking distance (parents, we all know this is a consideration), payment is usually a concern as well, especially given the skyrocketing tuition costs in Kentucky and elsewhere.

When it comes to divorced parents sharing a child’s post-secondary education expenses as child support, different states have different approaches. Just recently, Illinois changed its laws, and divorced parents must now essentially divide college costs proportionally between themselves. What is the law in Kentucky?

State Rewards Aggressive Police Officers

As the ongoing “Drive Sober Or Get Pulled Over” anti-DUI campaign kicks it up a notch for the Christmas-New Year’s Day holiday, officials recognized twelve individuals at the 2016 Governor’s Impaired Driving Enforcement Awards.

Kentucky State Police Commissioner Richard Sanders said the twelve received awards because of their aggressive enforcement of the state’s DUI laws, because “Impaired driving is one of the deadliest crimes in this nation and it impacts thousands of innocent lives every day.” Beginning Dec. 15 and continuing for two weeks, state and local law enforcement officers will participate in the nationwide, government-funded “DSOGPO” effort. This campaign normally includes both saturation patrols and what the government calls “high-visibility enforcement,” which is a euphemism for roadside checkpoints. Advocates claim that this aggressive tactic is one of the best ways to reduce DUI incidents.