• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My Police Report

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kljo228

Junior Member
What is the name of your state (only U.S. law)? Kentucky

I recently got stopped while looking for something in my car by a police officer where he ended up searching me and finding some marijuana on me and some scales. My charges were trafficking a controlled substance within 1000 yds school zone and as i was really looking at my citation today and i noticed the address off the school that was written down for my felony charge of trafficking a controlled substance within a 1000 yds school zone. I then went to thinking that school was a decently far ways away from the site at which i was arrested. I got on google maps and drove the distance between the two and it is 1.1 miles away from the site i got arrested. So my question is what should i do and what does this mean for me?
 


justalayman

Senior Member
you drove the distance and it was 1.1 miles. What is it as the crow flies? and this is to the nearest point of the school property.

Is there another school closer?
 

Kljo228

Junior Member
Yes 1.1 miles exactly and about the other school.... there is a day care for little kids about .482 miles away from where i was but on my citation it clearly states the school and address im being charged with for and that is certainly not 1000 yds away
 

ERAUPIKE

Senior Member
Yes 1.1 miles exactly and about the other school.... there is a day care for little kids about .482 miles away from where i was but on my citation it clearly states the school and address im being charged with for and that is certainly not 1000 yds away
The statute in Kentucky actually reads

KRS 218A.1411
Any person who unlawfully traffics in a controlled
substance classified in Schedules I, II, III, IV or V, or a
controlled substance analogue in any building used
primarily for classroom instruction in a school or on any
premises located within one thousand (1,000) yards of
any school building used primarily for classroom
instruction shall be guilty of a Class D felony, unless a
more severe penalty is set forth in this chapter, in which
case the higher penalty shall apply. The measurement
shall be taken in a straight line from the nearest wall of
the school to the place of violation.
I'm willing to bet that any officer patrolling that area that is worth their salt will know where those boundaries end.

KRS 218A.1411 does not require the actor to “knowingly” traffic in a controlled substance within 1,000 yards of a school in order to be convicted of the offense. That is to say, there is no requirement that a conviction for violation of KRS 218A.1411 arises from proof that the actor knew the sale was conducted in proximity to a school. Rather, KRS 218A.1411 is silent as to mens rea. It merely requires proof of the unlawful transaction of a controlled substance or controlled substance analogue (i.e., fake drugs) within 1,000 yards of a school.
 

CdwJava

Senior Member
And, if you are correct, your attorney will be able to get that particular enhancement dropped in a heartbeat ... though the other charges will still remain.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top