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Kentucky Help! Dui - Not Guilty (with Proof)- Charged Anyhow

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pack4

Junior Member
What is the name of your state? KENTUCKY--I was on my way back to my home to Lexington- 2 hrs away- had been to dr with girlfriend, when I was involved in a VERY MINOR accident on I-75. Vehicle enforcement officer arrived and eventually started asking me if I had been drinking or doing drugs...I advised no. He asked if I had ever, having never been arrested before or in any trouble, I told him that I had smoked pot when I was in high school and that in Jan 06 I had shoulder surgery and was prescribed pain pills. I was simply telling him the truth. He then asked me to take a field sobriety test Because "He noticed my pupils were constricted and my speech was slurred" ( YEAH, WHATEVER). I "followed" his pen with my eyes, said my ABCs, then I had to stand on one foot... I counted to 28 and told him this was ridiculous, I placed my foot on the ground and he told me I was under arrest for DUI because I put my foot down before he told me to. He searched my car twice- found nothing. I had nothing on me, or in my system for that matter. He wrote the ticket stating _admits to smoking pot and taking pills, but not today._ He made it sound like I was a druggie who used earlier in the week. I had been with my pregnant girlfriend the whole day, and I was simply on my way to work when this happened. I havent done any kind of drugs- illegally in over 10 years, and when I did I was minor making stupid choices. I was offered a urine test, and was taken to the parking lot of the hospital, I asked the officer would I still be arrested if I took the test, he said yes. I WAS NOT advised that refusal of the test would result in my license suspended 6 months automatically, had I known this I would have most definitely taken test. I simply thought I could get out of jail faster and get on to work. I had no idea how long it would take, or what the outcome would be. When my girlfriend bailed me out of jail, she took me immediately to the E.R. for urine test- I guess to ease her mind_ I mean she was having a baby with me. I tested NEGATIVE for everything_ Obviously, I knew I would. To make a long story short, I went to court for it in March- finally- judge REFUSED to accept my drug screen that attorney subpoened from hospital. Because I had no previous record, they offered me an alford plea and told me I had $1000 fine to pay, had to attend $250 dui classes, and it would be on my license for 5 yrs.-but I would get my license back in 30 days, instead of 180. I could have went to trial, but my OVERPRICED attorney told me that I had a 10% chance of winning since the judge wouldn't allow the test. If I didn_t win my case, I could lose my license for a whole year, get at least 30 days in jail, additional fines, etc. It was a joke!! Ultimately I have lost my job related to this (the night I was arrested, I was a no call no show and then had _ literally _ a court appearance a month every month until March- they got fed up with it. Now, I haven_t been able to obtain gainful employment, my car insurance was cancelled and its now going to be over $300 a month- that_s more than my car payment. In total this unwarranted arrest has cost my over $10000. (loss of income, fines, attorney fees, classes, getting license back, etc.) Is there anything I can do to have this looked into further to have it removed? I have a brand new daughter to support and this is making my life hell. If I WAS guilty, I would take my punishment like a man, but this is simply unfair and not right. Any advise would be greatly appreciated.
 
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acmb05

Senior Member
What is the name of your state? KENTUCKY-- I asked the officer would I still be arrested if I didnt take the test, he said yes. I WAS NOT advised that refusal of the test would result in my license suspended 6 months automatically, had I known this I would have most definitely taken test.
This is common knowledge.
When my girlfriend bailed me out of jail, she took me immediately to the E.R. for urine test- I guess to ease her mind… I mean she was having a baby with me. I tested NEGATIVE for everything… Obviously, I knew I would.
The courts have no idea who's urine was tested.

To make a long story short, I went to court for it in March- finally- judge REFUSED to accept my drug screen that attorney subpoened from hospital. Because I had no previous record, they offered me an alford plea and told me I had $1000 fine to pay, had to attend $250 dui classes, and it would be on my license for 5 yrs.-but I would get my license back in 30 days, instead of 180. I could have went to trial, but my OVERPRICED attorney told me that I had a 10% chance of winning since the judge wouldn't allow the test. If I didn’t win my case, I could lose my license for a whole year, get at least 30 days in jail, additional fines, etc. It was a joke!! Ultimately I have lost my job related to this (the night I was arrested, I was a no call no show and then had – literally – a court appearance a month every month until March- they got fed up with it. Now, I haven’t been able to obtain gainful employment, my car insurance was cancelled and its now going to be over $300 a month- that’s more than my car payment. In total this unwarranted arrest has cost my over $10000. (loss of income, fines, attorney fees, classes, getting license back, etc.) Is there anything I can do to have this looked into further to have it removed? I have a brand new daughter to support and this is making my life hell. If I WAS guilty, I would take my punishment like a man, but this is simply unfair and not right. Any advise would be greatly appreciated.
You did not follow the officers directions, whether you were drunk or not. Nothing you can do now since you agreed to a plea deal but suck it up and move on.

You should have taken the test when the officer took you to the hospital. I am curious though if you were not on anything why would you refuse the test?
 

pack4

Junior Member
IN RESPONSE: This is common knowledge.
Obviously its not "common knowledge" for all as I didnt know it. I am not trained in law, have never been in trouble and simply didn't know.

The courts have no idea who's urine was tested.
This is why it was subpoena'd (sp?) I had to provide my insurance card and i.d. upon taking the drug urine test, so... thats kind of a given, I think.

You did not follow the officers directions, whether you were drunk or not. Nothing you can do now since you agreed to a plea deal but suck it up and move on.
I'm not so sure that there is nothing I can do... I've been told I can appeal this... thats why I was here... just getting some opinions. By the way... thanks for yours. I'm not here just looking for someone to tell me what they may think I want to hear. I'm just weighing out my options.

You should have taken the test when the officer took you to the hospital. I am curious though if you were not on anything why would you refuse the test?
Hindsight is 20/20. I kick myself for not taking the test... but honestly... the ONLY reason I didnt take the test is simply that I thought going to jail was... well... basically what you see on tv... my ignorance is no excuse, but at the same time, the officer never fully advised me of the consequences. He was vehicle enforcement. I have a good friend that works for the state police- he said that they are supposed to advise this. Finally, the reason I didnt take the test is clearly stated above. While some may think that is a stupid reason, I believed that since it wasnt going to make a difference whether I was arrested or not, I could, basically go to the jail, have my picture taken, be fingerprinted, make my phone call, be bailed out and then still make it to work on time. I now know, by learning the VERY hard way, its not that simple. Obviously had I to do it over, there would be several things I would have done differently, but its simply not fair that I was railroaded by this officer.
 

acmb05

Senior Member
IN RESPONSE:


This is why it was subpoena'd (sp?) I had to provide my insurance card and i.d. upon taking the drug urine test, so... thats kind of a given, I think.
Not necessarily, the hospital does not normally have someone with you when you pee in the cup so you could have easily had someone do it for you.


I'm not so sure that there is nothing I can do... I've been told I can appeal this... thats why I was here... just getting some opinions. By the way... thanks for yours. I'm not here just looking for someone to tell me what they may think I want to hear. I'm just weighing out my options.
I am not sure but I don't think you can appeal a plea deal.


Hindsight is 20/20. I kick myself for not taking the test... but honestly... the ONLY reason I didnt take the test is simply that I thought going to jail was... well... basically what you see on tv... my ignorance is no excuse, but at the same time, the officer never fully advised me of the consequences. He was vehicle enforcement. I have a good friend that works for the state police- he said that they are supposed to advise this. Finally, the reason I didnt take the test is clearly stated above. While some may think that is a stupid reason, I believed that since it wasnt going to make a difference whether I was arrested or not,
Your right it would not have made any difference at that moment, however the results of the test would have. If it came up clean the DA would probably not have persued anything and you would have your job today and no record.

I could, basically go to the jail, have my picture taken, be fingerprinted, make my phone call, be bailed out and then still make it to work on time. I now know, by learning the VERY hard way, its not that simple. Obviously had I to do it over, there would be several things I would have done differently, but its simply not fair that I was railroaded by this officer.
It would have been that easy had you cooperated and taken the test. You see when you piss off the police they tend to take a little longer getting you processed.
 

pack4

Junior Member
Not necessarily, the hospital does not normally have someone with you when you pee in the cup so you could have easily had someone do it for you. .
Oh, I know...lol...I grabbed some old guy to pee in a cup for me from the bed next to me. Too bad I cant have him with me to roll my joints and set up my lines of coke. So... "not necessarily" doesnt necessarily matter when the results were subpoena'd.

I am not sure but I don't think you can appeal a plea deal
Guess we will find out... one way or the other.

Your right it would not have made any difference at that moment, however the results of the test would have. If it came up clean the DA would probably not have persued anything and you would have your job today and no record.
Well... now what you just said IS common knowledge. Obviously when (not if) the tests came back negative it would not have been pursued. The d.a. recognized that I wasnt guilty, but since the judge wouldnt allow the tests he didnt have much choice. As far as my job? The court system in Laurel Co. is so screwed up right now, anyhow. I came to court two times to find that the judge was unable to be there. It was 2 hours away, so that meant HAVING to take time off from work...or be held in contempt only to arrive at court and see that the judge wasnt there... once was for a fishing trip. Go figure. My employer wouldnt work with the absences. I never even got to speak a word in court until 4 months after the incident...but I sure had to be there every month.


It would have been that easy had you cooperated and taken the test. You see when you piss off the police they tend to take a little longer getting you processed.
I did cooperate... until I put my foot down. I wasnt defiant or rude. By the way, I have since found out that this officer is under investigation. He (without getting into a whole other thread has done MANY things unbecoming to his position) has a "policy" that EVERY person he pulls over will be ticketed or arrested NO MATTER WHAT. I was told this by the state police officer I know.
 
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