COMMONWEALTH V. JC
ARRESTING LAW ENFORCEMENT AGENCY: McCRACKEN COUNTY SHERIFF'S DEPARTMENT
OFFICER'S OBSERVATIONS: "Received a call about a suspicious vehicle parked in the roadway on Estes Lane. Upon arrival I noticed the above vehicle parked in the roadway on Estes Lane. Upon approach of the vehicle I noticed an unresponsive female, wearing a jacket with no shirt or bra and chest exposed. Subject stated that she drove the vehicle to the location in which I found her. Subject had no insurance nor wearing a seat belt. Upon her refusal of medical treatment, I began SFST. Subject showed 6 indicators on the HGN. Subject showed 4 indicators on the Walk and Turn (Failed to follow instructions correctly, balance, the turn, missed counting step and started at #6 on the return approach). The ONE LEG STAND the subject showed one indicator (Did not follow instructions correctly, counting). Subject PBT results were .057. Due to subject's impairment she was taken into custody. Subject was read implied consent and given opportunity to contact attorney. JC REFUSED BLOOD TESTING.NO CAR KEYS WERE FOUND FOR THE VEHICLE.
CHARGES: JC WAS CHARGED WITH DUI SECOND OFFENSE, IMPROPER PARKING, NO INSURANCE AND FAILURE TO WEAR SEAT BELTS.
CASE RESULT: I FILED A MOTION TO SUPPRESS THE REFUSAL BECAUSE LAW ENFORCEMENT COULD NOT PROVE SHE OPERATED OR WAS IN PHYSICAL CONTROL OF THE MOTOR VEHICLE WITHIN KENTUCKY'S TWO-HOUR RULE. AFTER HEARING TESTIMONY FROM THE ARRESTING OFFICER THE JUDGE AGREED. THE DUI SECOND OFFENSE CHARGE WAS AMENDED TO A NON-MOVING VIOLATION. JC PROVIDED PROOF OF INSURANCE. IMPROPER PARKING WAS DISMISSED. JC PAID A SMALL FINE FOR THE SEAT BELT VIOLATION.
Practice area(s): DUI / DWI
I have been representing people accused of crimes and victims of the negligence of others in Paducah since 1994. Before opening my Paducah office, I worked in two large Kentucky law firms. Working for large law firms made me realize I'd rather help a person injured in a car wreck caused by another driver's negligence than work for the negligent driver's insurance company.
I served two Kentucky governors in economic development positions. I am proud to have created jobs for the working men and women of Kentucky. Before working in economic development, I served a stint as a legislative liaison and a special prosecutor in the Kentucky Attorney General's office.
Before my legal career, I worked in a drug store, hardware, as a ditch digger and as a newspaper reporter. I worked my way through Ashland Community College, Marshall University and the University Of Kentucky College Of Law.
I handle criminal and personal injury cases in the western Kentucky counties of McCracken, Ballard, Carlisle, Marshall, Hickman, Graves, Livingston, Crittenden, Fulton, Caldwell and Lyon. I also represent clients in the United States District Courts, Eastern and Western District of Kentucky, including Paducah, Fort Campbell and Owensboro. I have also successfully represented clients in the United States Court of Appeals for the Sixth Circuit in Cincinnati,Ohio.
I have been honored by my peers with Martindale Hubbell's prestigious AV rating for achieving and maintaining very high ethical conduct and preeminent legal ability. I have also been selected by my peers as a Kentucky Super Lawyer. Kentucky Monthly magazine selected me as one of the top attorneys in Kentucky. The National Trial Lawyers selected me as a Top 100 Trial Lawyer.
If you are facing federal or state criminal charges or have been injured because of someone's negligence, call me for an honest evaluation of your case. If you've got a great case, I'll tell you. If you got a case with problems, I'll tell you that too. I will put my reputation, experience and expertise to work for you. Your case deserves the attention of an experienced trial lawyer.