Police officers often ask those stopped for traffic enforcement matters or involved in a collision to perform a chemical breath test. Such testing can validate suspicions that someone was under the influence or rule out intoxication as the cause of a wreck. Those who fail chemical tests will often end up arrested and arraigned for a driving under the influence (DUI) offense. Can a driver simply refuse to perform a chemical test as a way of avoiding self-incrimination? There are penalties for test refusal If a police officer has probable cause to suspect impairment, they could arrest someone ev ..read more

There are dozens of different criminal statutes in Kentucky that can lead to someone’s prosecution. The severity of a particular criminal charge and its penalties generally depends on how it is categorized. Although there are a variety of subcategories that charges may fall under, most offenses are classified primarily as either misdemeanors or felonies. Misdemeanors are lesser offenses, typically including non-violent crimes, while felonies are more serious offenses. Some crimes straddle the line between what society deems a major offense and a minor one. Driving under the influence (DUI) cha ..read more

Many people feel a natural sense of nervousness when they must interact with police officers. During a traffic stop, for example, people are often so eager to speed up the interaction and comply with the officer that they fail to make use of their basic rights. Those who are aware of their rights during a traffic stop will have an easier time handling their interaction with an officer gracefully. What rights does a motorist have during a traffic stop conducted by a Kentucky police officer? The right to certain information A police officer approaching someone’s vehicle should identify themselve ..read more

It can be quite frustrating to have a tailgater right behind your car. It makes you feel nervous and on edge. You constantly feel like an accident is just a split second away. You know that that person, by failing to maintain a proper following distance, is putting you in danger. But why are they doing it? Car accidents lead to roughly 40,000 fatalities every year and many more injuries. Tailgating is certainly one of the reasons for all these accidents that result in such serious ramifications. Why would someone take that type of risk and put you in danger? They’re in a hurry First of all, so ..read more

The Miranda Rights are a set of legal rights that every individual has when they are taken into police custody. These rights were confirmed by the Supreme Court in the landmark case of Miranda v. Arizona in 1966. The purpose of the Miranda Rights is to protect individuals from self-incrimination and to better ensure that they are aware of their legal rights when being questioned by law enforcement. Here are a few things you need to know about Miranda Rights. Police officers must read Miranda Rights to an individual who is under arrest Police officers have to read you Miranda Rights if you’re b ..read more

You just want to take a vacation with your children. However, you and your spouse got divorced a few years ago. You’re now sharing custody of these children with your ex. While you’re going to be taking the children on the vacation alone – and not with your ex – you certainly want to know if they still need to be involved in this process. For example, say that you want to travel outside of Kentucky or maybe even outside of the United States. Are you allowed to do so or would that be a potential violation of your ex’s rights? You generally need to get written permission first The first thing to ..read more

Driving under the influence (DUI) is illegal in Kentucky. This generally means that motorists must refrain from any significant alcohol use before driving, but impairment can also be created by various drugs and other substances. In fact, even some over-the-counter medications or prescription drugs could lead to allegations of impairment, not just illegal drugs. Say that you get a DUI for being over the legal limit in terms of alcohol concentration. Maybe you took a breath test, and your blood alcohol concentration (BAC) was 0.09%. Is that going to be a misdemeanor or a felony? A first offense ..read more

Divorce is one of the most challenging experiences anyone can go through. Emotions run high, and making rational decisions amidst all the turmoil and legal ongoings can be challenging. However, that’s precisely what you need to do to protect your interests. Below are some common mistakes people make in a divorce that you should avoid to come out the other side in the best possible position. Hiding or misappropriation of marital assets It may be the end of your marriage, but it does not mean you can do as you please, especially with the assets you acquired during the marriage (marital property ..read more

Maybe you and your spouse attended mediation and eventually reached a mutual agreement about how you would share parental responsibilities. Perhaps you had to go to court because you couldn’t work with one another, and a judge created a parenting plan dividing your time with the children and decision-making authority. In theory, both of you need to abide by the specific terms set in your parenting plan. In practice, no document is going to effectively address every parenting challenge that your family might face. Maybe one of you changes their job or starts a new relationship. You may find you ..read more

It could take years and multiple applications before someone secures a visa. There are limits to the number of different visas granted each year, leaving many people waiting indefinitely for their turn to enter the country. When you finally secure a visa, you may believe the worst is behind you. Sadly, gaining the legal right to enter the United States is not the culmination of the immigration process. It is nearly one step on the path. Many individuals with the lawful right to enter and live in the United States end up removed from the country when their visas expire. In some scenarios, peopl ..read more