Kentucky DUI Defense Lawyer

DUI Offenders Subject to Identity Theft

2009-09-16T17:10:49-04:00

September 15, 2009 - The Department of Justice announced it has charged Donald Stoner, of Lancaster County, Pennsylvania, with conspiracy to commit identity fraud in a scheme wherein he targeted DUI offenders in Lancaster and York Counties.

According to the press release by Dennis C. Pfannenschmidt, United States Attorney for the Middle District of Pennsylvania, Stoner would target DUI offenders who hired private attorneys, reasoning that they would have money to steal in contrast to those DUI offenders who used public defenders. Stoner obtained the names of the DUI offenders using the internet, and would then obtain the DUI offender’s personal information directly from the court files in the clerk’s office using an accomplice. From the court files, Stoner and his accomplice obtained the DUI offender’s social security number, drivers license number and other identifying information disclosed in the court documents. Stoner and his accomplice thereafter opened fraudulent bank accounts, created phony email addresses, and applied for loans in the victim’s name.

As a result of this type of identify theft scheme, the clerk of court for York and Lancaster County were asked to redact identifying information from court documents prior to release to the public.

Stoner agreed to plead guilty to the charge. He faces up to five years’ imprisonment and $250,000 in fines upon conviction of the offense.

Post by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Breath Alcohol Concentration Tests Can Vary As Much As 20%

2009-09-11T01:35:53-04:00

While the states contend that the science behind Breath Alcohol Testing is reliable, researchers are finding flaws with the science upon which Breath Alcohol Testing is based.

Lung physiology researcher Dr. Michael P. Hlastala, Ph.D. Professor of Physiology, Biophysics and of Medicine Pulmonary and Critical Care Medicine of the University of Washington tested the consistency of measurements from breath alcohol concentration (BrAC) testing machines and compared them to measurements of blood alcohol concentration (BAC) measurements. Dr. Hlastala discovered that the results could vary by as much as plus or minus 20%.

In his research, Dr. Hlastala states that:

. . . subjects with larger lung volume may have a lower BrAC than a subjectwith a small lung volume because these subjects do not need toexhale as great a fraction of their vital capacity as subjectswith smaller lung volume to fulfill the minimum volume exhalationrequired before stopping exhalation (usually ~1.5 liters). A personwith smaller lung volume must breathe farther into the exhaledbreath, resulting in a greater BrAC-to-BAC ratio. Michael P. Hlastala, Invited-Editorial on "The Alcohol Breath Test," 93 Journal of Applied Psysiology 405 (2002).

According to this research, breath testing machines based on the "average" person can result in a bias favoring individuals with large lung capacities causing a low BrAC-to-BAC ratio, and against individuals with small lung capacities causing a higher BrAC-to-BAC ratio.

Stated another way, a person legally under the influence with a 0.08 blood alcohol concentration and with large lung capacity may inaccurately measure 0.064 BrAC on a breath alcohol concentration test machine. A person not considered to be under the influence with a 0.067 blood alcohol concentration and with a small lung capacity may inaccurately measure 0.08 BrAC on a breath alcohol concentration test device.

Post by Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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University of Kentucky Former Coach Billy C. Gillispie Charged With DUI

2009-08-30T00:23:15-04:00

On August 27, 2009 at 2:24 a.m., Lawrenceburg Kentucky police stopped a vehicle driven by the former University of Kentucky basketball coach Billy C. Gillispie and charged him with DUI, first offense.

According to police records, the Lawrencebug Police Department (LPD) received a report of a possible intoxicated driver driving a white four door car with Texas plates heading northbound on U.S. 127 near the bypass near the Bluegrass parkway. The LPD dispatcher sent officers to intercept the vehicle.

Upon observing a white Mercedes vehicle on the opposite side of the highway meeting the subject vehicle description, Officer Corley reported that he clocked the vehicle on radar at 63 mph in a 45 mph speed zone. Officer Corley turned around to pursue the vehicle and reported that he observed the white 2009 Mercedes C300 with Texas plates swerving across the fog and center lines, and alternating speed between 50 to 55 mph. After conducting a traffic stop, Officer Corley reported that the driver, Billy C. Gillispie, had a strong fruity smell coming from his person, had red glassy eyes, and slow slurred speech. Officer Corley reported that Mr. Billy C. Gillispie declined to take the field sobriety tests and portable breath test. Mr. Gillispie was thereafter arrested for DUI and transported to the Lawrenceburg Kentucky detention center. The records also indicate that Mr. Gillispie also refused tests of his breath and blood at the detention center.

Gillispie was arraigned later the same day. He entered a not guilty plea and was released on personal recognizance.

Billy C. Gillispie is known as the former coach of the University of Kentucky basketball team for the prior two basketball seasons. He is reportedly in town for negotiations to settle a lawsuit he brought against the University of Kentucky for breach of contract due to his dismissal by the University of Kentucky after two years into a seven year contract. The University of Kentucky alleges that no formal contract existed.

Post by Fayette County Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Tips For The Selection of a DUI Attorney

2009-08-21T10:22:27-04:00

After a person is stopped and charged with DUI, they usually do not know where to go nor who to call for legal help. Immediately after arrest while still in jail, out comes the telephone book and a search in the yellow pages for attorneys. Or perhaps the arresting officer or booking officer knows the name of a DUI lawyer who can help. Maybe after arrest and release on bond an internet search is performed for a DUI defense attorney. A DUI lawyer is selected and called. How do you know they are the right lawyer for your case?

Several times this year I received telephone calls from parents of potential DUI clients. The conversation typically starts by the parent stating that they (their adult child) had just fired their DUI attorney and wanted to hire an experienced Kentucky DUI defense attorney. The former attorney's were either from legal aid or were private attorneys. Typically during the conversation I learned that the attorney's client had fired their DUI defense lawyer because the attorney had stated that there was no hope of defending the case and that the accused person should just plead guilty to the DUI. Obviously, the accused person disagreed with the advice.

So as to better meet their needs, I first verify that the representation had indeed been terminated. I also make it a habit of asking the caller how they chose the former DUI defense lawyer. I was not surprised by the responses I heard: they typically selected the former private DUI attorney based on cost: the former attorney's were either the least expensive or had quoted a very low fee to just plead their client's guilty. I also ask the caller why they chose to contact my firm. The parent's typically state during the conversation that they firmly believe in their (adult) child's innocense. As such they inform me that they looked up the names of the local Kentucky DUI defense attorneys, made some inquiries of either prior client's or other non-DUI attorney's, and that they thereafter decided to contact my firm for more information on my services.

During the conversations I have been told that some of the former DUI attorney's had quoted legal fees for the defense of DUI's without meeting with the accused, without determining the complete list of charges against the accused, and without getting the accused's observations of what the officer had done to make the stop and arrest. I am of the opinion that it is difficult to determine how much work and time will need to be performed to properly defend a case without having the aforelisted facts.

In discussing this topic with other attorney's, I have compiled a short list of questions a potential client should ask and have answered before selecting a DUI defense lawyer to handle their case. Note that this list of questions is only a starting place, and is not meant to be all inclusive:

1) Does the lawyer handle the defense of DUI's on a regular basis?

2) Does the lawyer personally consult with the client to discuss the facts of the case, review potential records, and research the criminal charges before quoting the client a fee for the DUI defense?

3) Does the lawyer impress you with their knowledge of DUI law?

4) Has the lawyer lectured or taught or written articles on the subject?

5) Does the lawyer listen to the client and discuss possible defenses to the charges?

6) Does the lawyer maintain a library upon which they rely and which includes procedures, manuals, books, and etc. used to train Kentucky officers in making a DUI stop and arrest?

7) If the lawyer lives more than 40 miles away from the courthouse of the pending action, will they be able to effectively handle the case?

8) If the lawyer lives more than 40 miles away from the courthouse of the pending action, will they charge more for travel time to handle the case?

9) Can the DUI attorney explain to the client a comparison of risks vs benefits along with the associated costs to defend their innocense as opposed to just pleading guity?

Post by Fayette County Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Can Taxing Marijuana Save Kentucky?

2009-07-31T09:02:20-04:00

In this challeging economy, a Lexington Kentucky attorney has a solution for Kentucky's budget crisis: legalize and tax marijuana.

In a prepared statement, Attorney Gatewood Gailbraith, former political candidate for governor of Kentucky, states that Kentucky is looking for new sources of taxation and seems bent on adding a "sales tax" on services including our legal fees. However, he points out that "there is a much larger source of revenues lying untapped which will keep them out of our pockets and solve our budget problems for years to come." Galbraith's solution, tax marijuana.

In a letter to Kentucky Governor Steve Beshear, Galbraith argues that Kentucky should take advantage of this opportunity by studing ways to tax and regulate cannabis (marijuana and hemp) so as to help Kentuckians.

As an example, Galbraith calculates "that getting 30 joints per ounce, the Kentucky public consumes 114,000 ounces of marijuana per day. At a $100 per ounce tax, that would yield the Commonwealth an additional $511 MILLION in new taxes the first year. If we were the first [state] east of the Mississippi River to pass these laws, the income would be astronomical, dwarfing the gambling/casino commerce to Kentucky." Gatewood prepared a chart entitled "Are You Tough Enough for The Truth", wherein he states that "in 07, Kenucky was ranked 2nd in total domestic marijuana production wih most of this production going out of state". According to Gatewood's calculations, Kentucky could realize new annual income of at least $1,7893,283,200.00.

Note: The views contained herein by attoney Gatewood Galbraith regarding legalizing marijuana are the views and opinions of Gatewood Gailbraith and are not the views of the author. Documents received from attorney Gailbraith are used with permission of Gatewood Galibraith. It is illegal to use and / or possess and / or sell marijuana in the Commonwealth (State) of Kentucky.

Article by Lexington Kentucky criminal defense Attorney Stephen J. Isaacs, Isaacs Law Office.

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Out-of-State Drivers May Receive Enhanced Administrative DUI Penalties In Their Home State For A Kentucky Conviction

2009-07-29T09:56:54-04:00

An issue that surprises many Out-of-State drivers who are charged with Driving Under the Influence (DUI) in Kentucky is how their home state will handle a DUI conviction in Kentucky.

Many drivers charged with DUI in Kentucky believe that if they plead guilty to the DUI in Kentucky, it will not affect them back home. Perhaps their home state will not know about the DUI. Unfortunately, this is usually not the case.

What few people realize, is that driving a vehicle in Kentucky, as in most states, is considered a privilege - not a right. This means that a state can administratively revoke a person's driving privileges according to state public policies. The general rationale, after heavy lobbying and legislative admentents, was to make sure that those individuals accused of DUI would have their driving licenses suspended, regardless of the outcome in the criminal courts.

It has been this attorney's experience that once a person either pleads guilty or is found guilty by a jury, the Kentucky Department of Transportation will report the DUI conviction to the driver's home state. While the driver's home state will not be able to constitutionally bring duplicate DUI charges against the person convicted of DUI in Kentucky, they can invoke administrative revocation of that driver's privilege to drive. A person convicted of DUI-1st in Kentucky may loose their privilge to drive in Kentucky for 30 to 120 days. However, in addition, the same out-of-state driver convicted of DUI-1st in Kentucky may also loose their privilege to drive in their home state for longer periods of time.

Also of importance, the length of the out-of-state administrative suspension may also be dependent of the facts of the DUI arrest.

Fortunately, in limited cases, based on case facts, a Kentucky defense attorney may be able to help the out-of-state driver convicted of DUI in Kentucky to avoid the impact of an administratively suspended driving privilge in the state which issued the driving licence.

Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.

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Stephen Isaacs Lectures on DUI to New Kentucky Attorneys

2009-03-18T00:29:53-04:00

The Kentucky Bar Association held its New Lawyer Program on January 15-16, 2009 at the Northern Kentucky Convention Center.

The Kentucky Bar included the topic of Driving Under the Influence in Kentucky. This author, Stephen Isaacs, was pleased to be the featured lecturer at the DUI seminar for the new lawyers.

This was the second time attorney Stephen Isaacs provided presentations at the request of the Kentucky Bar Association Continuing Legal Education department.

Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office

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