The officer initiated a traffic stop after observing our client driving without his headlights illuminated. Upon smelling alcohol on our client’s breath, the officer asked our client to exit the vehicle and perform field sobriety tests. After mixed results from the Horizontal Gaze Nystagmus, Walk-And-Turn, and One-Leg Stand tests, the officer asked our client to submit to a preliminary breath test. Our client blew a .066 BAC (below the legal limit). However, after being arrested and transported to the jail, our client blew a .089 (above the legal limit). Ultimately our client was charged with DUI 1st, Aggravating circumstances due to his children in the vehicle.
After several motions, continuances, hearings, and countless hours negotiating with the prosecutors, a reckless driving amendment was offered. The client happily accepted the lesser penalty and was ordered to pay a fine and court costs.
Charge: KRS 189A.010 Operating a Motor Vehicle Under the Influence of Alcohol, Aggravating Circumstances
Lead Attorney: Abe Mashni