Felony DUI – Dismissed After Hearing

After being unhappy with his previous attorney, our client retained the Baldani Law Group. He was facing felony DUI charges. In Kentucky, Driving While Under Influence 4th or Greater Offense within ten (10) years is considered a Class D Felony with punishment up to five (5) years of imprisonment, KRS 189A.010.

KRS 189A.010(1) begins with “A person shall not operate or be in physical control a motor vehicle anywhere in this state” While the operate is not defined in the statutes, the Kentucky Court of Appeals has offered several factors to consider when determining if an individual is operating a vehicle. Wells v. Commonwealth, 709 S.W.2d 847 (Ky. App. 1986). Those factors are:

1. Whether or not the person in the vehicle was asleep or awake;
2. Whether or not the motor was running;
3. The location of the vehicle and all of the circumstances bearing on how the vehicle arrived at that location; and
4. The intent of the person behind the wheel.

After reviewing the evidence and consulting with the client, we filed a motion arguing the case should be dismissed due to lack of operation. During the hearing, the officer testified that he observed our client standing outside his vehicle parked on the shoulder to the side of the road. The officer turned around and made contact with our client. The client told the officer that his truck had broken down. After performing field sobriety tests, the officer placed him under arrest for DUI. The officer testified that he “assumed” he had driven there. The officer was unable to provide any timeline of how long the client had been on the side of the road or if the vehicle had been running recently.

At the conclusion of the hearing, the court requested that both sides file a legal brief supporting their positions. At the end of the day, the court returned an order suppressing all evidence of the case due to lack of operation. After the Judge suppressed all the evidence, the Commonwealth moved to dismiss the case.

If you are charged with a DUI in Kentucky, contact the Baldani Law Group now. We have the experience to spot the legal issues, the resources to file the necessary motions, and the willingness to argue the law. We will take the appropriate steps that your constitutional rights are protected and force the government to prove their case against you.

Charge: Driving While Under the Influence, 4th Offense or Greater Offense

Kentucky State Court

Lead Attorneys: Tucker Richardson and Abe Mashni