Attorneys at Fauver Law Office handle all types of traffic citations. Our attorneys handle defenses issues concerning insurance, vehicular accidents, speeding tickets, DUIs and other traffic offenses. These laws can often be difficult to understand and interpret. Let Fauver Law Office in Louisville, help you interpret the law and restore your driving record.
Many people tend to think that when they get a traffic ticket it is not a big deal. While the ticket itself is not a big deal for most people, it can become a big deal if you ignore it.
The reason this a traffic ticket can become a big deal is that if you ignore it, as in don’t show up or forget to pay the ticket or fines, you will have a warrant issued and you can be arrested. Generally, if you show up, or your attorney does, even without the fines, the Judge is much more likely to give you another chance to pay the money than if you don’t show up at all.
Let’s start with what will get you pulled over that has nothing to do with your driving. If your tags are expired or if you windshield is cracked, you will get pulled over, as most of the time if you haven’t renewed your tags and/or if your front windshield is cracked, you also don’t insurance.
No insurance usually happens when money is tight and people make a choice not to pay it as they have other bills to pay. That is understandable, but it still causes many other problems. For one thing, if you are driving without insurance and you have an accident, under the law of Kentucky, you will be presumed to be at fault, no matter whose fault it was. Also, if you get a ticket for driving with no insurance, the first time, carries a $1,000 fine and up to 90 days in jail. Now, most of the time, you won’t have to pay that entire amount or spend the time in jail, but you really should have an attorney so that they can deal with that for you.
If that isn’t a harsh enough sentence, you need to know that if you get a ticket for no insurance a second time, the fines are $2,500 and you will serve some of the time in jail (that is a general statement, the specifics of each case are different).
Depending on where you are in the State, it can depend on how much of that fine you will have to pay and how much time you will spend in jail. So, you will need to talk to an attorney that practices regularly in the county you get the ticket in.
You may not think this applies to you, but if you borrow someone else’s car and get pulled over or into an accident, the car not being yours does not get you out of the ticket if they don’t have insurance. Some people have car insurance that follows them and not the car, so if you get pulled over or into an accident in someone else’s car, you will need to check with you insurance company.
Let’s start with the one that will cost you your license first. 26 miles an hour over the speed limit is fast enough, by itself, to cost you your license. At that speed you can also be charged with other things, like reckless driving, and arrested. It depends on the county, but in Jefferson County, if you are going either 30 miles over or over 100 miles per hour, you will lose your license, period.
Now, lesser speeds can generally be taken care of with traffic school. You can only do traffic school for tickets over 12 months apart, from the day you got the ticket. So, if you have a tendency to speed, you may not want to go to traffic school for 15 over, as you may need it in a few months when you are going faster. That is up to you and your attorney.
Once you get a ticket, the points come off of your driver’s license for two years. So, even a few tickets at lower speeds can have the same effect as one ticket when you were going much faster. Talk to your attorney before you pled to anything as not only may there be other consequences that you aren’t aware of (like your insurance going up from getting the tickets), but you want to make sure you understand the cumulative effect of the tickets.
Hopefully, you will never need to find out about the DUI enforcement possibilities, but if you do, the Fauver Law Office in Louisville is here to help you. Ideally, you may be able to go into the DUI Diversion program. Even if you qualify, you do not automatically get into the program. Acceptance into the program is up to the prosecutor and is something that the prosecutor and I will work out. This program encompasses the following:
Each year, the Jefferson County Attorney’s Office prosecutes more than 3,200 Driving Under the Influence crimes. Many of these cases involve first-time offenders with no prior criminal records.
In order to heighten awareness of the potentially tragic consequences of drinking and driving, and therefore prevent repeat offenses, the County Attorney’s Office has developed the DUI Diversion Program.
- Offenders 16 years and older with no criminal record
- Legal resident of the U.S.
- First offense DUI
- BAC under .15 and no statutory aggravators
- Must be in good physical condition, capable of performing moderate labor such as lifting, bending, picking up trash and walking for four hours or more.
- Under 16 years of age
- Not a legal resident of the U.S.
- Prior criminal conviction (excluding minor offenses, e.g. traffic violations)
- BAC of .15 or greater, any refusals or any statutory aggravators
- History of psychotic illness
- Felony companion offense
- Accident involving significant injury to person or significant damage to property (other than offender’s)
Here is the process by which the DUI Diversion Program moves offenders from arrest to treatment/program entry:
The defendant is charged with DUI. On your next Court date, the prosecutor and I will discuss the possibility of the DUI Diversion program.
A legal screening and NCIC are conducted by the Jefferson County Attorney’s Office within 2-3 weeks of the defendant’s arraignment to determine eligibility. If defendant is not eligible, the defendant is prosecuted as usual. If eligible, move on to #3.
If the defendant declines, he/she is prosecuted as usual.
If defendant accepts, he/she:
- Pleads guilty to DUI 1st Offense
- Surrenders his/her operator’s license
- Is given the County Attorney’s DUI Diversion agreement
- The case is continued for three months for proof of compliance.
- If after three months the defendant is on-track with the DUI Diversion program, the case is then continued for three months for proof of compliance. If after three months, the Defendant is on track with the DUI Diversion Program, the case is continued for nine months for proof of compliance.
If the defendant is charged with a new offense or if the director of the DUI Diversion Program determines that the defendant has failed to comply with the program, then the DUI Diversion agreement will be terminated and the defendant’s DUI case will be returned to court for sentencing.
Completion of the Program
The guilty plea is set aside and the DUI case is dismissed with a stipulation of probable cause and with an agreement that the dismissal will not be expunged for a period of two years from the date of the defendant’s dismissal.
Jefferson County Attorney DUI Diversion Program Components
- Within 30 days of entry into the County Attorney’s DUI Diversion Program, pay the program fee in full to the Jefferson County Attorney’s Office.
- Attend a four-hour Impact Session on the designated date, 12:00 – 4:00PM (check-in time begins at 11:30AM).
- Within three months of entry into the DUI Diversion Program, complete the alcohol/drug assessment and the recommended alcohol education program at a designated and approved provider.
- Within three months of entry into the DUI DIVERSION PROGRAM, complete 40 hours of volunteer work at any designated and approved governmental or charitable organization on the list provided by the program.
- Court Review Date: Is Participant in compliance, three (3) months from DUI DIVERSION PROGRAM entry date?
- Within nine months of entry into the DUI DIVERSION PROGRAM, complete 12 hours of community labor at approved events.
- Attend the annual MADD Candlelight Vigil. Participants are expected to assist MADD before and after the Vigil.
- Driver’s license may be picked up by participant from the Jefferson County Attorney’s Office, Hall of Justice, 2nd Floor, 600 W. Jefferson Street, between 8:00AM and 4:00PM, Monday – Friday, after the date given to the participant.
If the participant fails to complete any listed requirements or receives any new charges while completing the DUI Diversion Program, the program agreement will be terminated, and the case will be returned to court for formal sentencing.
- The directors of the DUI Diversion Program reserves the right to impose appropriate sanctions in lieu of termination from the DUI Diversion Program based on the nature of the new offense or lack of compliance.
- If the participant is charged with a new DUI charge, then the DUI Diversion Program agreement will be terminated and the participant agrees to be sentenced on the original DUI charge to a $500 fine, a $325 service fee, court costs, an alcohol education program, 120-day operator’s license suspension and 30 days to serve in the Jefferson County Jail. The participant will then be prosecuted as usual for DUI Second Offense on the new DUI charge.
Completion of Program
Guilty plea is set aside and the DUI case is dismissed with a stipulation of probable cause and with an agreement that the dismissal will not be expunged for a period of two years from the date of the defendant’s dismissal.