Legal Blog & Information

Conviction Vacated

Jury verdict, standard form, and contrary colloquy don’t mix. The Kentucky Court of Appeals has issued an opinion reversing and vacating a rape conviction, because, after a guilty verdict was reached by a jury, the defendant entered into a sentencing agreement with the prosecution, only to be told by the court that he could (and then later that he could… read more

A Closer Look at Marijuana DUI

At least six states have now set per se limits for the amount of THC a driver may have in his blood before he is presumed to be under the influence. Problem is, these levels (which range from 1ng/mL up to 5 ng/mL) are being set arbitrarily and without much basis in science, if any. Scientists,… read more

Driver’s Right to Independent Blood Test Upheld

KY Court confirms driver’s have a right to their own independent blood test Com. v. Riker, 2016-CA-000601-DG. The Kentucky Court of Appeals, in a to be published opinion, used solid reasoning when reminding courts that when the General Assembly passes a law, it is not a suggestion. Historically, most Kentucky district courts have viewed the… read more