Category: Defense

What to do if you're the victim of a hit-and-run accident.

5/24/2022

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.

Attempt to observe the details of the guilty party and their vehicle.
1. 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.
1. 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.
1. 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.
1. 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.

I got charged with a dUI in kentucky. Do i need a lawyer?

5/23/2022

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?

5/23/2022

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.

I've been charged with a crime in kentucky. Do i need an attorney?

5/23/2022

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. They 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. They 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. They 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.

What to do if you're the victim of a hit-and-run accident.

I got charged with a dUI in kentucky. Do i need a lawyer?

What are the "Aggravating Circumstances" in relation to a DUI in Kentucky? How can they affect my punishment?

I've been charged with a crime in kentucky. Do i need an attorney?

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