Dui Second Offense Guidance

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Summary

A second DUI offense in Kentucky can result in jail time between 7 days to 6 months, fines, and license suspension. Court-appointed attorneys may have heavy caseloads, causing delays. Legal aid services can provide free or low-cost consultations. Sentencing varies based on individual circumstances and judges discretion. Communication with the public defender is crucial. Mugshot removal policies vary by jurisdiction. Insurance claims for property damage should be followed up persistently. Legal aid services can offer advice on home incarceration and other concerns.

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My boyfriend was arrested June 3rd for Dui aggravated 2nd. His bond was set at *,* dollars. He couldn't afford that and at his arraignment asked for a court appointed attorney and they set the date for the following week. She was supposed to meet him to go over his case within * hours but she didn't show up until right before his hearing. He was ready to plead guilty but all she did was postpone his next court date and got him on home incarceration. His court date is July *. So he was in jail for 12 days and has been on house arrest for a total of 52 days until his court date. I feel this is very excessive being I have seen other people have way worse crimes that they commited and never had stay in jail that long or serve any home incarceration. He should have had this completed on his second court date
Hello ****, it seems like a tough situation. It's important to note that:
- DUI aggravated 2nd is a serious offense in Kentucky.
- Court-appointed attorneys often have heavy caseloads, causing delays.
- Courts have discretion over bond, jail, and home incarceration terms.
Have you considered consulting a private attorney for a second opinion?
We have not. We can't afford one
I understand your financial concern. In Kentucky, there are legal aid services that provide free or low-cost consultations. For instance, Kentucky Legal Aid or the Legal Aid Society. They can provide legal advice or referrals to affordable attorneys.
Well maybe this make sense then for the amount of time he is serving. But I saw an individual get a 3rd aggravated and they didn't have to do any home incarceration and only a week in jail
It's crucial to note that sentencing for DUI offenses can vary widely. Factors such as the individual's criminal history, the circumstances of the arrest, and the judge's discretion can all play a part. I recommend seeking advice from a legal aid service for more insight.
I have asked on the Avvo attorney site and I feel they try to scare you into hiring them
I understand your concern, ****. It's important to get reliable legal advice. Keep in mind that every case is unique and varies based on specific circumstances. Legal aid services in Kentucky can provide unbiased advice. Stay informed and make sure to explore all your options.
His public defender feels confident by the time he stands to plead guilty he will have more than enough time for the offense
It's good that his public defender is confident. They should be familiar with the local courts and how they handle these cases. Ensure that your boyfriend is communicating openly with his attorney and voicing his concerns about the time served.
I feel almost two weeks in jail and the 40 days on home arrest is sufficient?
While it's understandable to feel this way, sentencing decisions are made by the judge based on specific case details and Kentucky's DUI laws. Your boyfriend's public defender can negotiate and argue for a particular outcome. Communication with them is key.
Yes she said she will negotiate with the prosecution and has said it's very positive he is serving out his sentence at home already and that he shouldn't have to worry about any more time
It sounds like the public defender is working to resolve the case in your boyfriend's favor. Continue to communicate with her and ask any questions you may have. Trust in the process and stay positive.
The maximum is 6 months, correct?
Yes, under Kentucky law, a second DUI offense within a *-year period could lead to a jail sentence ranging from 7 days to 6 months. However, specifics can vary based on individual circumstances and judge's discretion.
What do you normally see for this type of case?
Typically, a second DUI offense in Kentucky may result in:
- Jail time between 7 days to 6 months
- Fines ranging from $* to $*
- License suspension for *-18 months
- Mandatory alcohol or substance abuse treatment program
Each case is unique though, and sentencing can depend on various factors.
Ok thank you
You're welcome, ****. If you have any more questions or need further clarifications, feel free to ask. Remember, it's crucial to stay in communication with your boyfriend's public defender for updates and advice. Best of luck with everything.
Thank you
You're welcome, ****. If you have any more concerns or need more legal information, don't hesitate to reach out. I wish you and your boyfriend all the best.
I Don't want to be scared anymore:(
I understand your fear, ****. These situations can be overwhelming. Remember, your boyfriend has a legal representative who is confident about his case. Are there any specific fears you want to discuss? This might help me provide more targeted advice.
I am just overwhelmed from the stress of it all:(:(
I'm really sorry that you're feeling this way, ****. It's important to talk things over with someone who can help, though, such as a mental health professional or a trusted person in your life.
His mugshot is still up on the jail site for the home incarceration. It's just really embarrassing and I dont want anyone in my family to know :(:( I just wish they would remove that from their site. It's just so awful
I understand how distressing it can be, ****. Unfortunately, mugshot removal policies can vary by jurisdiction. Have you contacted the jail or a legal professional to discuss potential options for mugshot removal?
I haven't but I am sure they won't take it down
I understand your concern, ****. While it's true that the policies regarding mugshot removal vary, it's still worth reaching out to the jail or the local legal aid services. They might provide you with options or advice on how to proceed.
Not only that, but we don't want our neighbors to know. Legally we don't have to disclose anything but they are starting to wonder why he isn't driving, ect. Just added stresses to everything.
I understand, ****. Privacy in such matters is important. While you're not legally obligated to disclose anything, it can be stressful managing perceptions. Have you considered seeking advice on how to manage this situation from a counselor or a support group for families dealing with similar issues?
I don't know who to talk to
I understand this is a difficult time for you, ****. There are support groups and online platforms where you can connect with people going through similar situations. Organizations like Al-Anon Family Groups or online forums may be helpful. Please remember to take care of your own wellbeing, too.
We also lost my other car in this. And he hit a mailbox. I filed a claim with my insurance and my car portion of it is settled, but I wanted to make sure the owners of the mailbox had thier property repaired. My adjuster won't return any of my calls. So I drove by their house and it looks like they have had everything replaced. But i want to make sure my insurance covered it. I don't want any more legal problems from them
I see your concern, ****. You have done the right thing by filing a claim with your insurance. If your policy covers property damage, it should include the mailbox. You could try reaching out to the insurance company's customer service if your adjuster is not responding.
They always transfer me to that adjuster. It's just so overwhelming:( All the unkowns of this
I understand how frustrating this can be, ****. In such situations, escalation might be necessary. Have you considered asking to speak to a supervisor or manager at your insurance company to address your concerns?
I will try to reach out
That sounds like a good plan, ****. Remember, you have rights as a policyholder. Don't hesitate to express your concerns to the insurance company. They are there to support you.
Thank you. I have messaged them and emailed them and nothing back. I have heard they have gone down hill in the last few years.
I'm sorry to hear about your difficulties, ****. It's important to document your attempts to communicate with the insurance company. Have you considered filing an official complaint with the Kentucky Department of Insurance if you're not getting the assistance you need? They may be able to help.
I will try calling again thank you
You're welcome, ****. Persistence can be key in these situations. Don't hesitate to escalate if needed. Remember, you have rights as a policyholder. I hope your situation improves soon.
So will the legal aid group may be able to answer some of the questions I have about his home incarceration time and if they think it will be sufficient for his offense?
Yes, legal aid services can provide advice on your boyfriend's case. They can help explain incarceration guidelines and may offer insights on his current situation based on their experience with similar cases in Kentucky.
So should i google legal aid service kentucky?
Yes, ****. You can Google "Legal Aid Services Kentucky" for resources. Remember to verify the credibility of the organization before contacting. Kentucky Legal Aid and the Legal Aid Society are two reputable options.
Ok thank you so much. I may reach out to them
You're welcome, ****. Remember, it's important to ask all the questions you have to understand the situation better. Take care and don't hesitate to reach out if you need more assistance.
Thank you so much you have been a great help
You're welcome, ****. I'm glad to hear that you found the information helpful. Remember, you're not alone in this. Don't hesitate to reach out if you have more questions or need further assistance. Take care.
Thank you so much
You're welcome, ****. I'm here to help. If you have any more questions or need additional support in the future, don't hesitate to reach out. Take care and stay strong.