A Dangerous Ride: What can happen if you get locked up

This is a strange question, but do you ever see a paddy wagon or other prison transport vehicle and wonder what goes on inside of them? Ever see them on TV?  Well if you are one of those who have, or if not and this post makes you wonder, please click on the link below. It is very disturbing. The moral of the story: Don’t  get locked up. But “Bad Things Happen to Good People” so if you do, CALL ME!

http://www.nytimes.com/2016/07/07/us/prisoner-transport-vans.html?smprod=nytcore-ipad&smid=nytcore-ipad-share&_r=0

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If you find yourself faced with a criminal offense in a Central Kentucky Court, consider contacting my office.  For more information: http://speddinglawoffice.com/felonies_misdemeanors/

Another Cardiologist charged with Fraud

Innocent Until Proven Guilty

The Feds have charged another cardiologist with fraud. Does this mean that the cardiologist is guilty? No. Everyone is innocent until proven guilty.

The common perception is that because someone is charged, either by indictment or complaint, that the person is guilty and that the evidence is conclusive that the person committed a crime. This is incorrect.  The old saying among criminal law practitioners is that the government can “indict a ham sandwich,” if they want. While this is an exaggeration,  it does have some merit.

For those who don’t know, when the prosecution presents evidence to a grand jury,  it is part of a secret proceeding.  During the proceeding, as a general rule, only the government presents information for the jury to consider.  The grand jurors consider this information in deciding whether or not to hand down an indictment.

The panel of grand jurors serve for a substantial period of time. One wonders what kind of “camaraderie” develops between the members of the jury and the prosecutor. Ultimately, the prosecution provides the defense with a transcript of what transpired in the “room.” But, is it everything? Hardly! It is merely a transcript of evidence presented to establish probable cause (the lowest standard of proof in the criminal justice system). As a matter of fact, at trial, the Court instructs the  jurors that they are not to consider the indictment as evidence.

Is this admonition effective? One wonders. In my experience, juries try to follow the law and do a good job of it. Whether or not I agree with the verdict, I have always respected the verdict. The jury is in the best position  to make that determination. Every story has two sides and the jury hears both. The simple fact of the matter is that the jury decides which version makes more sense and who presents the stronger case.  The presumption of innocence, in theory, applies until all evidence has been presented and the jury begins deliberations. Again, in theory, that is where the jury must start.

So the moral of the story is that just because you read about an indictment, you should read what follows with a grain of salt.  See the story below.

http://Eastern Ky. cardiologist charged with fraud

Beefing Up Patrols: KSP out in Full Force over the Holiday Weekend

Thinking of drinking and driving this weekend? Think again

But Officer II!!! How Many Points is This???

Points
Kentucky Department of Transportation

Driver’s License Points:

Kentucky Driver Point System  http://transportation.ky.gov/driver-licensing/pages/kentucky-driver-point.aspx

The Kentucky Point System identifies persons that may be habitually negligent drivers. Under the Point System, a driver starts with no points, but accumulates points for various offenses. Upon the accumulation of 12 points (7 points if under age eighteen) within a two year period, a driver’s privilege to operate a motor vehicle may be suspended. Individuals are given an opportunity to meet with a hearing officer prior to any possible suspension. Notice of the following offenses are sent to the Division of Driver Licensing by the courts:
Violation Type Point
Points Violation
0 10 mph or less over speed limit on limited access highway
3 11-15 mph over speed limit on limited access highway
3 15 mph or less over speed limit on any non-limited access highway
3 15 mph over speed limit in CMV (commercial motor vehicle)
0 15 mph or more in CMV (out-of-state conviction-listed as serious offense only-no points)
6 16-25 mph over speed limit on any road or highway
Hearing-Possible Suspension 26 mph over speed limit on any road or highway
Hearing-Possible Suspension Attempting to elude police officer
Hearing-Possible Suspension Racing
6 Commission of Moving Hazardous Violation Involving an Accident
6 Combination of any Two or More Moving Hazardous Violations in Any One Continuous Occurrence
6 Failure to Stop for School or Church Bus
5 Improper Passing
4 Reckless Driving
4 Following Too Closely
4 Driving on Wrong Side of Roadway
4 Changing Drivers in a Moving Vehicle
4 Vehicle Not Under Control
4 Failure to Yield to Emergency Vehicle
3 Stop Violation (electric signal, railroad crossing, stop sign)
3 Failure to Yield
3 Wrong Way on One-Way Street
3 Too Fast for Conditions
3 Too Slow for Conditions
3 Improper Driving
3 Improper Start
3 Improper Turn
3 Failure to Illuminate Headlights
3 Careless Driving
3 Failure to Dim Headlights
3 Improper Lane Usage
3 Improper Use Left Lane/Limited Access Highway
3 Failure to comply with Instructional Permit Requirements/Regulations
3 Failure to yield right-of-way to Funeral Procession
3 Any Other Moving Hazardous Violations
3 Texting while driving
Point System
Points assessed under the Kentucky Point System expire two (2) years from the date of conviction. However, the conviction entry remains part of the driver’s record for a period of five (5) years from the conviction date.
Upon the  accumulation of twelve (12) or more points against a driver age eighteen (18) or older, or 7 points against a driver under age 18,  the Transportation Cabinet conducts a hearing concerning the drivers privileges to operate a motor vehicle.  Failure to appear for the hearing results in a driving suspension for a period of six (6) months for the first such accumulation of twelve (12) points, one (1) year for the second such accumulation of twelve (12) points, and two (2) years for any subsequent accumulation of twelve (12) points within the two (2) year period.
After a hearing, the department may require the driver to be placed on “probation” in lieu of suspension and attend a driver improvement clinic (State Traffic School) approved by the Transportation Cabinet.
Once a driver has been placed on “probation” by the department, he/she shall not be considered for probation again until a lapse of two (2) years from the ending date of any previous probation period granted, whether served or not.

This is an Advertisement: If you find yourself with a traffic ticket, please contact my office, or see my page on Traffic Offenses for more information.

But Officer!!!! What To Do ( and not do) When You Get That Dreaded Traffic Citation

duiandtraffic-offenses

 Traffic Citation Info

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Payable Traffic Citations

If the citation is marked payable, the amount will be indicated on the citation sheet given to you by the officer. For speeding violations, see the appropriate “MPH Over” for which you were cited for the correct payment amount on the back of the form. If you did not receive a citation sheet, please contact the Fayette County District Court, 150 N. Limestone, (859) 246-2228 for payment information.

  • All amounts listed on the citation sheet are for prepayment only and must be received before the court date listed.
  • Mailed payments should be check or money order made payable to the Commonwealth of Kentucky. (All payments are transferred to the Commonwealth of Kentucky Revenue Cabinet).
  • Payments made in person must be cash, certified check or money order only.

Traffic School

If you have not been assigned to traffic school in the last year, you are eligible to attend on all moving prepayable offenses.

  • Traffic school notices are mailed to the address on your license. If your address is incorrect, you must have it corrected in order to be notified.
  • If you wish to attend, you may mail your citation and a check for the amount listed on the citation sheet before your court date to the address below.
  • Please enclose a note requesting traffic school. (You will be billed an additional amount by the school at a later date.)
  • If you pay in person, you must bring your citation and pay with cash, certified check or money order.

Not Guilty

If you wish to plead not guilty, appear in court on the date listed on your citation.

Equipment Violations

If you are cited for one of the equipment violations listed below, you may bring in proof of repair before the court date on the citation and the charge will be dismissed.

  • If you are cited for the offense codes 0401 or 0435, you may bring in a valid drivers license before the court date on the citation and the charge will be dismissed. (Drivers license must have been valid prior to violation date).
  • If you are cited for one of the offense codes 0405, 0407, or 0424, you may bring a copy of your new registration before your court date. If registration has been expired less than 30 days, the charge will be dismissed. If not renewed within 30 days, you must pay the fine.
  • If you are cited for offense code 0436 you must go to your local drivers license office and have the appropriate information changed, then bring your license to the address below before your court date and the charge will be dismissed.
  • If you are cited for failure to use safety belt in addition to a prepayable offense listed, and the officer marked your citation payable, and you wish to plead guilty to all charges, you may mail your payment to the address below including the additional fine for failure to use safety belt. If charged with failure to use safety belt only, pay amount listed on citation sheet.
  • If you are cited for offense code 0503, you may bring in your insurance policy, or card (IT MUST HAVE BEGINNING – EFFECTIVE DATE) or a letter from your insurance company verifying that you did have insurance PRIOR to the date on your citation.

You may present proof, or make payments (checks & money orders payable to Commonwealth of Kentucky) at:

FAYETTE DISTRICT COURT
150 N. Limestone
Lexington, KY 40507
Telephone: (859) 246-2228

If you fail to respond to your citation, your operators license may be suspended.

Equipment License/Registration Violations

0205 Inadequate silencer
0206 Improper equipment
0209 Vehicle a nuisance
0220 No tail lights
0226 One headlight
0231 Obstructed windshield
0240 No brake lights
0401 No operators license
0405 Improper registration plates
0407 No registration receipt
0424 No/Expired registration plates
0435 No license in possession
0436 Fail to notify D.O.T. change
0503 Fail to maintain insurance

IF NONE OF THIS APPEALS TO YOU, CALL ME! I CAN HELP!

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Last updated: 11/20/2014 9:17:55 AM

What Do I Do at a DUI Checkpoint?

DUI Checkpoint Rules

For many of you, DUI Checkpoints are nothing to be feared. However, there are those unlucky few who encounter a checkpoint in Kentucky. Most of the time, things go downhill even if you have truly had just a “couple of beers”.  Before you go out this holiday weekend, take a look at this story to see how the law is changing on how the police can conduct checkpoints in Kentucky. Happy 4th !speddinglawoffices_dui1

http://www.lex18.com/story/30863283/new-rules-for-roadblocks

This is an Advertisement: If you find that you need legal assistance with a DUI, please see my page for more information.

Jury Polling in Crafting a Sentence Under 3553

stock-photo-66692741-gavel-law-theme-mallet-of-judge

Jury Trials:

Today, the USCA for the 6th Circuit in United States v. Collins considered a case wherein the trial judge, at the conclusion of a jury trial, and after the jury returned a verdict of guilty, polled the jury to see what they thought a “just punishment” was for the Defendant. This was a case of first impression for the 6th Circuit. Federal Court criminal practitioners will find this opinion educational. It has been recommended for full publication. The link to the full opinion is found below. It is interesting to note that one of the reasons for his actions was that the trial judge wanted to see what the “community view” was of a “just punishment” and he incorporated that into his 3553 analysis of  the appropriate punishment.

http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0149p-06.pdf

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Volkswagen Recall

Volkswagen agreed to a $14.7 billion dollar settlement  to emissions cheating scandal:

Volkswagen Recall: The settlement is only a preliminary step in the case; the automaker still faces possible criminal charges, as well as civil penalties for Clean Air Act violations. The Department of Justice is investigating possible criminal charges against both the company and individuals, said Deputy Attorney General Sally Yates.

Volkswagen’s wrongdoing constituted “the most flagrant violations of our consumer and environmental laws in our country’s history,” said Yates. “We cannot undo the damage that’s been done to our air quality, but we can offset that damage.”

http://money.cnn.com/2016/06/28/news/companies/volkswagen-fine/

HOW DOES THIS EFFECT DEALERS?

In a nutshell, it is unknown and there is friction between the dealers and VW. For more information, please take a look at the links below.

http://www.autonews.com/article/20160606/OEM/306069960/manufacturers-and-dealers-must-resolve-recall-cost-disputes

http://www.autonews.com/article/20160425/RETAIL07/304259957/vw-dealers-want-remedy-done-right

In short, this situation is a mess and will most certainly affect the brand, and in turn affect dealership sales.  Unfortunately, there are no clear-cut answers at this point. The most effective way to ward off litigation is to have open communication with your customers and maintain a good “bedside manner”.  Clear communication will go a long way with your customer base as well as retain the good will that you have worked so hard to build.

People will forgive and forget VW’s mistake the same way they did the Ford Pinto scandal in the ’70’s although that situation and this could be considered comparing “apples to oranges”

In any event, VW dealers should be diligent in their efforts to lessen the blow that this will have on their business. Like any other situation, good people, good communication and hard work will prevail.

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If you are a car dealer and have concerns about legal matters, please contact my office.  For more information, see: http://speddinglawoffice.com/automotive-law/

Welcome To My New Website!

Welcome to my new website!

I hope you find this site user-friendly and that it provides you with useful information about my practice and me. I strive to put my experience practicing law out there to help my readers understand what is happening in the legal world. Please make sure to check my website from time to time because I am continually adding new information on the site. There will be new information posted that will help you understand different areas of criminal law and the services that I provide.

Because of its dynamic nature, my auto dealership clients will find the site useful as a resource to learn of recent legislative developments in Congress and our state legislature as they relate to the auto industry. The industry is complex and staying abreast of the law is essential to operating a successful dealership.

My goal as a lawyer is to provide the best legal services possible and to do so with a firm understanding of the law. Take a few minutes and glance at the information on the site. If I have worked for you and you are satisfied with my services, please consider submitting a review on the homepage: http://speddinglawoffice.com/

Criminal & Automotive Law

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