Friday May 13, 2016
Why can't my attorney negotiate amendment of my DUI to
posted by Jonathan M. Hodge
Tags: In the news
Why can't my attorney negotiate amendment of my DUI to "Reckless Driving" or another charge? Simple. Kentucky prosecutors are prohibited under most circumstances from entering into plea bargaining deals for individuals charged with DUI to a lessor offense. Kentucky Revised Statute (KRS) 189A.120 prohibits the prosecutor from entering into an agreement to amend a DUI charge to a lessor offense when the alcohol concentration for a person twenty-one (21) years of age or older with a Blood Alcohol Content (BAC) at or above 0.08, or for a person under the age of twenty-one (21) with a BAC at or above 0.02, or when the defendant, regardless of age, has refused to take an alcohol concentration or substance test.
A prosecuting attorney may agree to amend the DUI charge to a lesser offense if all prosecution witnesses are, and it is expected they will continue to be, unavailable for trial. Furthermore, a prosecuting attorney shall not amend a blood alcohol concentration, and shall oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the test results were in error.
Because of the limits of the prosecutor's discretion, it’s very difficult to enable an amendment. This is one of several reasons that the government wants defendants to roll over and take a plea. And but another reason why every DUI must be contested by a defendant through qualified representation.
If you think you are stuck, call for a free consultation to discuss some of the facts and circumstances with an attorney experienced in DUI representation. Don’t be bullied by a prosecutor without knowing whether you have a valid defense to DUI charges.
The consequences are too great to just accept a plea. Contact Attorney, Jonathan M. Hodge at (502)254-2110 to discuss your case.