- Attempt to observe the details of the guilty party and their vehicle.
- If you are in or around your car at the time that it is hit, try to grab a picture of the license plate or the car that hit you. While it may be a whirlwind of a situation, taking note of the small details could be just what law enforcement needs to find the person. As most of us now have phones that allow us to take a picture within seconds, we should take advantage of the opportunity if it can help us in the future.
- Check yourself and others for injuries.
- Evaluate yourself and others involved in the crash for potential injuries. Even if someone has only minor injuries, it is still good to be safe and call 911. This can also help establish when you sustained certain injuries if you need to file a claim later. As a victim, you have the right to pursue compensation for pain and suffering, medical bills, lost wages and damages.
- Report the wreck.
- It is important to report the incident to the police. They can possibly help track down the driver that fled, and is an important step in filing an insurance claim. Inform the police with as many details as possible in order to give them what they need to find the guilty party.
- Call an attorney.
- You don’t have to face large insurance companies on your own after experiencing a hit-and-run. Hiring an attorney can help take some of the stress off of your shoulders, and pass it along to someone with prior experience in the field. KY Lawyer Breck Norment can help fight to get you the compensation you deserve for injuries or damages.
While we would like to believe that everyone will abide by the law in a car accident, this isn’t always the case. If you are equipped with the proper knowledge, however, you can make the process a lot easier for yourself. Here are some tips on what to do if you’re a victim of a hit-and-run.
We get this question a lot. It can be hard for a defendant to weigh the potential risks of self-representation against the cost of hiring an attorney.
If you have had multiple DUI charges, or if your blood alcohol content was excessively high, you absolutely need to talk to a lawyer. In Kentucky, these circumstances can come with heavy penalties.
However, as a general rule, you should at least consult with an attorney before going to court on your own even for a first offense DUI. It may be tempting to try and save costs by representing yourself, but as the saying goes, “he who represents himself has a fool for a client.” By consulting with an attorney, you will at a minimum learn how court procedures work, what legal exposure you have, and whether you have defenses worth pursuing. Often times, we have found that these defenses are not obvious or known to our clients until we bring them up.
Lexington Kentucky DUI cases are highly fact sensitive. This means that your Kentucky DUI attorney will need to closely scrutinize what the arresting officers did and did not do leading up to and following your arrest. Nowadays, Kentucky defense attorneys have the benefit of video footage of these events because officers typically wear body cameras. Although tedious, a review of body cam footage can place the attorney at the scene of the arrest to review what exactly happened and evaluate those events in light of relevant statutes and case law. Ultimately, the prosecution has the burden of proving you guilty beyond a reasonable doubt in front of a jury of your peers.
If you’ve been charged with a DUI in Lexington, Kentucky and aren’t sure whether your case could benefit from an attorney representing you, contact Defense Attorney Breck Norment for a free consultation. We welcome calls 24 hours a day, 7 days a week – 859-303-6007.
What are the "Aggravating Circumstances" in relation to a DUI in Kentucky? How can they affect my punishment?
The aggravating circumstances for a DUI in Lexington, KY are as follows:
a. Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
b. Operating a motor vehicle in the wrong direction on a limited access highway;
c. Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080
d. Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
e. Refusing to submit to any test or tests of one's blood, breath, or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section; and
f. Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old. Ky. Rev. Stat. 189A.010(11).
On a first offense DUI in Lexington, Kentucky, if your facts reveal an "aggravating circumstance" as defined by KRS 189A.010(11) above, you will face a mandatory four (4) days in jail with the possibility of thirty (30) days in jail. When you have an aggravating circumstance, your sentence cannot be suspended, probated, conditionally discharged, or subject to any other form of early release. Home incarceration may be an option for you in lieu of jail time (depending on the facts of your case, the prosecutor, and the judge).
On a second offense DUI in Lexington, KY (within a five month period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of fourteen (14) days with the possibility of six (6) months in jail.
On a third offense DUI in Lexington, Kentucky (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of sixty (60) days with the possibility of twelve (12) months in jail.
On a fourth or subsequent DUI offense in Lexington, KY (within a five year period), an aggravating circumstance will lead to a mandatory minimum term of imprisonment of two hundred forty (240) days. Note a fourth or subsequent offense is also a Class D felony.
If you (or a loved one) have been charged with a DUI in Lexington, give Lexington, KY DUI attorney Breck Norment a call for a free consultation at (859) 303-6007.
Absolutely! If you are charged with a crime in Lexington, KY, you owe it to yourself to hire a criminal defense attorney. Whether you've been charged with a simple traffic offense or a more serious misdemeanor or felony, it is wise to consult a Lexington criminal defense lawyer.
A Lexington, KY criminal defense attorney will be able to explain your constitutional rights based on the facts of your case. He will also be able to consider the facts surrounding your charges and evaluate your best defenses. Often, a criminal defense lawyer will know of other defenses you may not have considered. He will further know how to identify the best- and worst-case outcomes regarding your charges.
Even if you plan to plead guilty, a Lexington, KY criminal defense attorney is a valuable resource. Prosecutors have a great deal of discretion depending on the charges you face, and a criminal defense lawyer will be able to assess your situation and potentially get your charges reduced. Even if a lesser included offense is not an option, a criminal defense lawyer can fight for your rights and help minimize your punishment by arguing for a minimum sentence or fine.
If you wish to plead not guilty, a Lexington, Kentucky criminal defense attorney is almost essential. He will be able to represent your interests throughout all of the court proceedings and ensure that the prosecution meets its burden of proof: proof beyond a reasonable doubt. Criminal proceedings can be intimidating, and a criminal defense attorney will be able to guide you through the legal process while protecting your rights along the way.
Handling court appearances such as your arraignment makes a Lexington criminal defense attorney a valuable asset in your defense. Many defendants are uncomfortable speaking in open court, and you deserve a zealous advocate willing to stand up for your rights.
If you, or a loved one, have been charged with a crime in Lexington, Kentucky, or in a nearby county, give me a call at (859) 303-6007 for a free consultation.
There are certain minimum waiting periods for all divorces in Kentucky, including uncontested ones. First, either or both of you must have lived in the Commonwealth of Kentucky for at least 180 days prior to the filing of the divorce Petition. There is also a 60-day physical separation period, the starting date of which depends on whether you have minor children. Keep in mind that you can technically still be separated even if you live in the same house. Our office can explain these rules to you during your initial consult.
If you and your spouse agree on all issues, an uncontested divorce may be a viable option for you. Lexington KY Divorce Attorney Breck Norment would be happy to assist in getting you an uncontested divorce. Or, if you are worried about issues, you may not have thought about yet, Lexington KY Divorce Attorney Breck Norment would still be happy to assist. Call Lexington KY Divorce Attorney Breck Norment for a free divorce consultation. He welcomes calls 24/7.
During your meeting, we will discuss a variety of issues such as:
A house was purchased by both me and my spouse while we were married. What happens to the house once we are divorced?
There are generally four options here (there may be others if you are open to creativity):
Nope. If you believe the marriage is “irretrievably broken,” this will generally suffice for purposes of filing a divorce petition in a Kentucky court. Conceivably, if an issue is raised, you could also be required to swear under oath that there is no reasonable prospect of reconciliation, even if the court were to order you to attend marriage counseling with your spouse. Speaking of which, court-ordered marital counseling is not very common and usually only occurs if one spouse asks for it. In other words, Kentucky is generally a “no-fault” state, meaning you do not have to prove either spouse did anything wrong to get a divorce. Pursuant to Kentucky state statutes, fault is only relevant in very limited circumstances in a Kentucky divorce case.
In Lexington, KY, a divorce petition is the first document filed in a divorce case in Kentucky. It contains various statutory elements which are required for a Kentucky court to take your divorce case. Before deciding to file for divorce, you owe it to yourself to speak with a Lexington KY Divorce Attorney. You probably have tons of questions, and a Lexington KY Divorce Attorney will best be able to help. If you (or a loved one) are interested in getting a divorce in Lexington, KY (or a nearby county) and need an attorney, call Lexington Divorce Lawyer Breck Norment for a free consultation.
In Lexington, KY, a divorce can only occur when at least one party believes the marriage is "irretrievably broken". In other words, the party filing for divorce must believe reconciliation is not a viable option. Kentucky, like most other states, also has a residency requirement for obtaining a divorce. Kentucky requires one of the parties to have been a Kentucky resident for at least 180 days prior to the filing of the petition. Kentucky will also maintain jurisdiction in divorce cases when one of the parties has been present in Kentucky by virtue of a military residence for 180 days. KRS 403.140. Keep in mind the divorce petition must also contain numerous other elements to be valid. Finally, various other requirements must be met before a Kentucky court will entertain jurisdiction. If you (or a loved one) are interested in obtaining a divorce in Lexington, KY (or a nearby county), give Lexington Divorce Lawyer Breck Norment a call for a free consultation.