richelledunaway
Member
What is the name of your state (only U.S. law)? Ky
In 2007 I was charged with a DUI, I had a court/bench trial. 5 people testified. I was found not-guilty.
On June 3, 2008, I had a hearing before the DRC on my ex husbands motion to modify custody.
During the hearing, the officer from this charge was allowed to testify. I was not informed prior to the hearing that he would be testifying. I am pretty certain my attorney objected to his testimony .(despite my consistent efforts over the last 2 weeks, I have been unable to obtain a DVD of the hearing to be 100% sure of the objection and grounds for the same). If I recall correctly, the DRC overruled the objection because the ex's attorney was trying to "establish a pattern." (I plead guilty to DUI charges 4 years ago).
Because I did not know he would be testifying, I was obviouslly unable to call witnesses to rebut his testimony. I testified about the charge. In her report and recommendation the judge wrote:
"While there was insufficient evidence to convict Mrs. Dunaway of the DUI charge beyond a reasonable doubt, the standard before this court is preponderance of the evidence. This court finds Mrs. Dunaway was operating a vehicle while impaired on July 8th."
I know there can be criminal and civil actions related to the same incident (OJ murder/wrongful death), but I am not being sued in civil court for DUI...am I?
Can they really do that? Its not like two separate charges (like OJ...murder/wrongful death) its DUI...not guilty, DUI...guilty.
I have argued in my exceptions that it should not have been admitted, and that at minimum I should have had opportunity to call witnesses to rebut the testimony.
I currently have 3 other motions pending (motion to alter, amend, or vacate; motion for additional findings; motion for new hearing). This issue is stated within these motions as well.
Is there any case law that would help argue the double jeapordy in this situation?
In 2007 I was charged with a DUI, I had a court/bench trial. 5 people testified. I was found not-guilty.
On June 3, 2008, I had a hearing before the DRC on my ex husbands motion to modify custody.
During the hearing, the officer from this charge was allowed to testify. I was not informed prior to the hearing that he would be testifying. I am pretty certain my attorney objected to his testimony .(despite my consistent efforts over the last 2 weeks, I have been unable to obtain a DVD of the hearing to be 100% sure of the objection and grounds for the same). If I recall correctly, the DRC overruled the objection because the ex's attorney was trying to "establish a pattern." (I plead guilty to DUI charges 4 years ago).
Because I did not know he would be testifying, I was obviouslly unable to call witnesses to rebut his testimony. I testified about the charge. In her report and recommendation the judge wrote:
"While there was insufficient evidence to convict Mrs. Dunaway of the DUI charge beyond a reasonable doubt, the standard before this court is preponderance of the evidence. This court finds Mrs. Dunaway was operating a vehicle while impaired on July 8th."
I know there can be criminal and civil actions related to the same incident (OJ murder/wrongful death), but I am not being sued in civil court for DUI...am I?
Can they really do that? Its not like two separate charges (like OJ...murder/wrongful death) its DUI...not guilty, DUI...guilty.
I have argued in my exceptions that it should not have been admitted, and that at minimum I should have had opportunity to call witnesses to rebut the testimony.
I currently have 3 other motions pending (motion to alter, amend, or vacate; motion for additional findings; motion for new hearing). This issue is stated within these motions as well.
Is there any case law that would help argue the double jeapordy in this situation?
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