Criminal Law

DUI Offenders Subject to Identity Theft

Posted on September 16, 2009
September 15, 2009 - The Department of Justice announced it has charged Donald Stoner, of Lancaster County, Pennsylvania, with conspiracy to commit identity fraud in a scheme wherein he targeted DUI offenders in Lancaster and York Counties. According to the...

Breath Alcohol Concentration Tests Can Vary As Much As 20%

Posted on September 11, 2009
While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws upon which with the science upon which Breath Alcohol Testing is based. Lung physiology researcher Dr. Michael P. Hlastala, Ph.D. Professor of Physiology,...

University of Kentucky Former Coach Billy C. Gillispie Charged With DUI

Posted on August 30, 2009
On August 27, 2009 at 2:24 a.m., Lawrenceburg Kentucky police stopped vehicle driven by the former University of Kentucky basketball coach Billy C. Gillispie and charged him with DUI, first offense. According to police records, the Lawrencebug Police Department (LPD)...

Tips For The Selection of a DUI Attorney

Posted on August 21, 2009
After a person is stopped and charged with DUI, they usually do not know where to go nor who to call for legal help. Immediately after arrest while still in jail, out comes the telephone book and a search in...

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Can Taxing Marijuana Save Kentucky?

Posted on July 31, 2009
In this challeging economy, a Lexington Kentucky attorney has a solution for Kentucky's budget crisis: legalize and tax marijuana. In a prepared statement, Attorney Gatewood Gailbraith, former political candidate for governor of Kentucky, states that Kentucky is looking for new...

Out-of-State Drivers May Receive Enhanced Administrative DUI Penalties For Kentucky Conviction

Posted on July 29, 2009
An issue that surprises many Out-of-State drivers who are charged with Driving Under the Influence (DUI) in Kentucky is how their home state will handle a DUI conviction in Kentucky. Many drivers charged with DUI in Kentucky believe that if...

Stephen Isaacs Lectures on DUI to New Kentucky Attorneys

Posted on March 18, 2009
The Kentucky Bar Association held its New Lawyer Program on January 15-16, 2009 at the Northern Kentucky Convention Center. The Kentucky Bar included the topic of Driving Under the Influence in Kentucky. This author, Stephen Isaacs, was pleased to be...

Kentucky General Assembly Wants to Toughen Aggravated DUI Laws

Posted on March 18, 2009
The Kentucky General Assembly approved a bill last Friday which added penalties for some Kentucky DUI charges. The bill now goes to Gov. Steve Beshear. The penalties inside Senate Bill 34 include a provision to lower the blood-alcohol level for...

Can You Say Your ABC's Backwards as Fast as this Drunk Cowboy?

Posted on December 25, 2008
Click on the following link to view a police video of a field sobriety test does not follow the National Highway Traffic Safety Administration's Standard Field Sobriety Tests. A criminal defense lawyer should be able to get the Field Sobriety...

Kentucky Appellate Court Orders Disclosure of Intoxilyzer 5000 Source Code

Posted on February 14, 2008
    A Kentucky Appellate Court recently held that a defendant can examine the source code of the breathalyzer instrument manufactured by CMI, Inc., more commonly known as an Intoxilyzer 5000, so they could challenge the validity of the breath alcohol readings...

MINNESOTA SUPREME COURT ORDERS INTOXILYZER MANUFACTURER CMI TO TURN OVER SOURCE CODE TO DEFENDANT

Posted on February 13, 2008
    In this case,  Dale Lee Underdahl was arrested for driving while intoxicated (DUI) and submitted to a breath test using the Minnesota model of the Intoxilyzer 5000EN. At his implied consent hearing, Underdahl made a discovery motion, by his attorney, that included, among the items sought, the "complete computer source code for the Intoxilyzer 5000EN currently in use in the State of Minnesota ?     In response to Underdahl's defense attorney?s request that the Minnesota Commissioner of Public Safety provide the complete computer source code for the operation of the Intoxilyzer 5000EN so he could properly defend his client, a Minnesota District Court ordered the Commissioner of Public Safety to provide the defense counsel with an operational Intoxilyzer 5000EN instrument and the complete computer source code for the operation of the Intoxilyzer 5000EN...

Pro Wrestler Kurt Angle Arrested at Home For DUI

Posted on October 04, 2007
Pro wrestler Kurt Angle was charged with driving under the influence and careless driving in Pittsburgh based on a witness? statement. One witness claimed Angle almost hit a car with his white Cadillac Escalade. Police went to Angle's home to investigate the reports of his erratic driving, and reported that Angle showed signs of intoxication...

Driving While Distracted

Posted on October 04, 2007
In browsing the web, I happened upon Steven Eversole?s observation of the ignorance, poor research and reporting skills of members of the media. It appears that the Huntsville Times (Alabama) ran an editorial, without citing a single statistic, claiming that those accused with DUI's are the most dangerous drivers in Alabama...

Diabetic Victims of DUI Arrests

Posted on October 01, 2007
As a Kentucky DUI attorney, I have observed diabetics arrested and victimized by the zealous efforts by poorly trained law enforcement officers seeking to obtain a DUI convictions. The truth is that some diabetic individuals arrested for DUI are innocent of the DUI charges and need medical attention...

Kentucky Legislators To Vote On Tougher DUI Laws.

Posted on September 29, 2007
Kentucky Representative Jody Richards recently filed tougher Driving Under the Influence bills for consideration by the Kentucky 2008 General Assembly: The DUI bills, while not law, seek to lower the alcohol percentage from 0.18 to 0.15 for increased penalties; reduce the alcohol concentration from 0...

Executive Director of Ky Alcoholic Beverage Control Arrested for DUI

Posted on September 29, 2007
Chris Lilly, the Executive Director of Kentucky's Alcoholic Beverage Control Department, was arrested September 24, 2007, for DUI. Police stopped Lilly after observing him weaving and driving slowly. Lilly's blood-alcohol level measured 0.18. Post by Lexington Kentucky Attorney Stephen J...

Kentucky Legislature Targets DUI Drug Users

Posted on March 22, 2007
Kentucky Legislatures are cracking down on DUI in Kentucky. Members of the Kentucky Senate passed a bill on February 27, 2007 to amend KRS 189A.010 to establish a per se violation of the DUI statute if the driver has at least a certain amount of a substance such as amphetamine, cocaine, heroin, and other substances in the urine or blood...

Kentucky Police Chief Charged with DUI

Posted on March 22, 2007
A northern Kentucky police chief sets a bad example for other drivers.  On Friday March 2, 2007, Police arrested the Warsaw Chief of Police, Chief Donnie Gould, and charged him with driving under the influence (DUI).  Chief Gould was off duty and had been driving his personal car at the time of his arrest...