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Frankfort Kentucky Legal Blog

Field drug tests often unreliable

Recent incidents in New Jersey and Florida have shown that field drug tests used by police to determine if a substance might be illegal are often unreliable, making the millions of Americans charged each year with illegal drug possession prime candidates for criminal defense.

However, almost every person arrested and charged with drug possession based on roadside drug tests agrees to a plea deal before any criminal defense can be mounted.

What to do if a loved one is caught with marijuana

The phone rings in the dead of night. You dread this call. Is it about a death in the family? An accident? Someone calling from the hospital?

It’s almost a relief when you hear the voice on the other end: “Mom, I’ve been arrested for possession of a small amount of marijuana.” Your relief turns to concern – a small amount of marijuana, you wonder? Is that even a crime in Kentucky?

Georgetown accident shows that driver can sue government

For centuries, people could not sue the government for actions the government took that harmed them. It was part of English common law that carried over to the United States.

Today, United States citizens have the ability to sue the government for compensation if they are harmed. The types of claims that can be made and the burden of proof varies from jurisdiction to jurisdiction.

Kentucky adjusts parental custody in divorce

Kentucky is at the forefront of a movement to presume that parents should have equal custody of their children after a divorce.

A new law, signed by Gov. Matt Bevin in April and enacted in July, requires judges to enter each divorce case under the presumption that joint custody is best for the children and each parent should have the child 50 percent of the time.

Kentucky wrestles with DUI arrests

If you're facing drunk driving charges or if you've been injured by a drunk driver, you're not alone: The number of crashes in Kentucky in which alcohol was involved has averaged about 4,400 per year for the past several years, according to new research.

The Kentucky Transportation Center issued a report, "Analysis of Traffic Crash Data in Kentucky (2012-2016)," which found that among the average of 4,367 alcohol-related crashes per year (4,192 in 2016), there are an average of 163 fatalities.

Utah drops DUI blood alcohol limit to 0.05

For decades, every state in the country considered a driver with a blood alcohol concentration (BAC) of 0.08 percent to be at the legal limit for driving drunk. The first state to establish that limit was Utah in 1983.

While Kentucky and every other state continues with a legal limit of 0.08 percent, Utah is again leading the DUI field: In late December, the state dropped the legal BAC limit to 0.05 percent - the lowest in the nation.

Should you hide your heartbreak from your kids?

Going through a divorce is emotionally painful, even if you know it's the best decision for you and your family. You may want to shield your children from your negative feelings, as any parent naturally wants to protect their children, and you may fear unintentionally forcing your child to choose sides.

However, there are reasons to consider being honest with your children about the pain of a breakup, whether it's with their parent or a new partner post-divorce. A cognitive psychologist recently shared her experience discussing a breakup with her children, resisting the urge to protect them from her pain. She decided she wanted to model for them what it's like to experience loss and grief, and that the emotions that come with are natural.

A little pot can do a lot of damage to your life

Recreational use of marijuana is legal in nine states and medical marijuana is legal in 30 states, yet an FBI report released in September states that marijuana arrests are rising nationwide.

To be clear, marijuana is not legal in Kentucky for recreational or medical purposes. If you are arrested with less than 8 ounces of marijuana, you face fines and jail time. If you are arrested with more than 8 ounces in Kentucky, you may face trafficking charges, which comes with more severe penalties.

Ham incident illustrates need for domestic violence laws

A recent news item about a Kentucky man who, in a fit of pique, threw the family’s Christmas ham at a woman in the house may seem like the Scroogiest of stories but actually illustrates the harmful nature of domestic violence.

Laurel County sheriff’s deputies were called after David Brannon, 21, reportedly threw a number of objects, including the Christmas ham, at a woman just prior to Christmas dinner. When deputies arrived, Brannon reportedly tried to flee but was caught by officers. He is now being held in the county jail.

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