A new law in Kentucky changes the way prosecutors and DUI defense attorneys like me will approach our work. Effective April 9, 2016 the five-year look-back period for DUIs has been extended to 10 years. This law was passed in reaction to the tragic death of my law school classmate Mark Hinkel (UK Law 1983), who was struck by an impaired driver while riding his bicycle in Scott County, Kentucky. The impaired driver who killed Mark had a long history of drinking and driving. Mark was an outstanding lawyer and a fine man. He is missed by the many people with which he came in contact. Many states have similar 10-year look-back periods and frankly I thought Kentucky's five-year look-back period was ripe to be changed. The change means if you are charged with a DUI in Kentucky after April 9, 2016, the prosecution can now look back 10 years to determine if you have a prior conviction or convictions. If you do, your DUI charge will be enhanced. For example, if you are charged with a DUI offense after April 9, 2016 and you have two prior convictions after April 9, 2006, you will be charged with a third-offense DUI. This is why it will be important to hire an experienced, well-trained DUI lawyer if you are facing a DUI charge. An experienced, well-trained DUI lawyer will be able to examine your prior convictions for flaws and file the appropriate motions to expose the flaws and prevent the prosecution from using prior DUI convictions for enhancement purposes.
About the Author
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.