DUI Expungement Experts

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.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?

Originally published here.

According to the U.S. Department of Transportation, accidents involving massive trucks claim at least 5,000 lives and injure 130,000 more. In the United States more than 500,000 truck accidents occur annually. As a matter of fact, one in every eight traffic deaths involves a trucking collision. This article discusses why the statistics on truck accidents is quite high in the United States and the common causes of these accidents.

Business enterprises, big organizations and agencies of government are very dependent on commercial trucks for cargo transportation. Such trucks can have at least seventy five length and may weigh up to 80,000 pounds. When a truck with this size and weight are involved in accidents, the results are generally devastating and catastrophic. In addition, truck carrying dangerous or volatile materials might magnify the accident.

What are the common causes of truck accidents?
• Driver Fatigue
• Driver without license
• Speed
• Disobeying Safety Procedure
• Failure to comply to motor vehicle inspection
• Repair & Maintenance Failure
• Vehicle Collisions
• Failure to Yield The Right of Way
• 18 Wheeler Crash
• Loads That Shift Weight
• DUI or Driving Under the Influence/ DWI or Driving While Intoxicated
• Truck Rollover
• Mechanical or Brake Failure
• Tires Impairment
• Transporting Equipment with Trailers
• Overloaded Trucks or Trailers
• Backing Up/Moving In Reverse

It has been observed that more than 75 percent of all truck accidents are mainly caused not by the truck drivers but by the negligence of drivers in smaller cars. In addition, negligence on the part of the truck driver is mainly caused due to stress and fatigue, the inability of the driver to maneuver and brake quickly and his limited vision on the road.

What I want to focus on is the issue of truck driver stress and fatigue as a common cause why trucks are involve in accidents. According to the data gathered by the Fatality Analysis Reporting System (FARS) and the General Estimates System (GES), 8.15 percent of all truck-related crashes where caused by driver fatigue.

Truck driver fatigue is defined as the exhausted, sleepy or tired feeling a driver feels while on the road driving. Truck drivers have a very long working hours, strict schedules and stringent unrealistic deadlines. Generally, we can put the blame on the policies of big companies why driver fatigue is a common cause of truck-related accidents. In an effort to meet the stringent deadline and tight schedules of these companies, truck drivers oftentimes curb a lot of road safety rules, such as exceeding the speed limit.

Truck accidents claim a lot of innocent lives in the US. While results might be devastating, one way to put an end to this vicious cycle is a stringent application of the trucking laws. If you are a victim or a family member of truck accident, you may recover for your injuries and property damage if you prove that the driver of the truck committed negligence while driving. Getting a good truck accident lawyer is a key to building a strong case against the driver, the company he is working for or the manufacturer of the truck.

Originally published here.

According to statistics, more or less 500,000 truck accidents occur in the U.S. every year. Out of this number, about 5,000 result in deaths, as one out of every eight traffic deaths involves a truck collision.

The majority of injuries and deaths that result from tractor trailer accidents occur to occupants of smaller motor vehicles, while the operators of these huge trucks often escape collisions involving trucks and vehicles with mild or no injury at all.

Because of the large size of these tractor trailers, accidents involving these massive trucks can substantially put the lives of other occupants of smaller vehicles in grave danger.

Common Causes of Tractor Trailer Accidents

Many different factors can cause tractor trailer accidents. Some of the most common causes include, but are not limited to, the following:

Disobedience to safety procedures
Unlicensed driver
Maintenance and repair failure
Motor vehicle inspection failure
Driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol
Unable to yield the right of way
Brake or mechanical failure
Moving in reverse or backing up
Transporting equipment with trailers
Tires blow up
Loads that shift weight
Overloaded trailers or trucks
Shifting and falling cargo
Truck driver fatigue (tiredness and fatigue are some of the major causes of tractor trailer jackknife. This might be from lack of sleep or illegal drugs).
Exceeding the set maximum speed for safe conditions
Lack of proper cameras and mirrors
Use of cell phone while driving
Jackknife
Successive work shifts
Following too closely
Insufficient safety inspections
Unmanageable delivery schedules
Aggressive truck drivers

Post-Accident Tips

If you have been involved in one of the many tractor trailer accidents that occur, here are some tips on what you should do following an accident:

Get medical attention right away. If your injuries need emergency care, you should call an ambulance for transportation to a hospital. If it is not that serious, you may visit a care center or make an arrangement to see your doctor as soon as you leave the scene of the accident. Certain injuries, usually severe ones, might not be evident at once, especially if your body has been shocked. For this reason, it is important to make sure that you are examined by a medical care provider immediately.
Call police officials and immediately file a tractor trailer accident report. By doing this, the facts of the incident will be documented which can aid in determining liability in the accident.
Collect as much information as you can at the scene of the accident. Under the law, any individual involved in an accident is required to exchange contact information and insurance details. If possible, you should take photographs of the damages and injuries and get the names and telephone numbers of witnesses, if any.

Getting Help

After being involved in such an accident, it is very important to get help from a competent lawyer who has more than enough skills and knowledge to successfully deal with cases of tractor trailer accidents.

Originally published here.