Howell and Emery PLLC:
Criminal Law and Defense Attorneys

Criminal defense is a primary practice area for our firm. We are experienced and knowledgeable with the Oldham County court system. We are familiar with the practice of the prosecuting attorney. We can assist you with reaching the best possible resolution. We have represented clients in regard to a number of criminal charges. Our most common criminal defense cases include:

  • DUI
  • Misdemeanors
  • Felonies
  • Violations
  • Assault
  • Theft Offenses
  • Expungements
  • Flagrant Non Support
  • Drug Charges
  • Local Ordinance Violations
  • Bond Disputes

Common Criminal Charges:
Quick Facts

Please note that the following information may change depending on the State's current legislative session.

Speeding Points and Fines

Kentucky drivers face license suspension and other penalties when they accumulate 12 (7 for minors) or more points in less than two years. Drivers will be notified of their point total and possible consequences after accumulating 6 points (4 for minors).

The number of points added per offense depends on the nature of the violation. Here are some examples:

3 Points

  • Exceeding speed limit (ESL) by 11-15 MPH on a limited access highway
  • ESL by 15 MPH or less on a non- limited access highway
  • Driving carelessly  
4 Points
  • Driving recklessly
  • Following too closely
  • Driving on the wrong side of the road
  • Failing to yield for an emergency vehicle 
5 points
  • Improper passing  
6 points
  • ESL by 16-25 MPH
  • Failing to stop for a church/school bus  

The following offenses will lead to a hearing a may result in immediate license suspension of 90 days: 
  • ESL by 26 MPH
  • Attempting to elude a police officer
  • Racing 
Fines
The following are examples of minimum fines assigned to traffic offenses in Oldham County: 
  • ESL by 10 MPH = $158.00
  • ESL by 15 MPH = $168.00
  • ESL by 26+ MPH = mandatory court appearance
  • Disregarding stop sign = $158.00
  • Disregard compulsory turn lane = $158.00
  • Open container (alcoholic beverage) = $173.00
  • Failure to wear child restraint device = $188.00 
Driving Without Insurance
Driving without proof of insurance can get you ticketed. Usually, and for the first couple offenses, appearing in court with current insurance information and a letter from your insurance company certifying that you were insured at the time of the traffic stop will substantially mitigate the penalty.
If it is discovered that you were actually driving without insurance, the penalties range from a $500 to $1000 fine, up to 90 days jail time, or both. Your license plates and registration might be suspended and your license revoked for up to a year. 
Suspended License
Driving with a suspended license is the same as driving without a license. The first offense is a Class B Misdemeanor, punishable by up to 90 days in jail and 6 months of additional license suspension. 
DUI Penalties
First Offense (in 5 years)
Minimum
  • $200 OR
  • 2 days jail (4 days with aggravating circumstances aggravating circumstances) OR
  • Both
  • 30 day loss of license
  • Alcohol or Substance abuse treatment program 90 days
  • Court Costs and Fees

Maximum
  • $500 OR
  • 30 days jail OR
  • Both
  • 120 day loss of license (may apply for hardship license after minimum suspension period
  • Alcohol or Substance abuse treatment program 90 days
  • Court Costs and Fees  
Second Offense (in 5 years)
Minimum
  • $350 AND
  • 7 days jail (14 days with Aggravating circumstances)
  • Community labor of 10 days – 6 months may be added to any sentence
  • 12 month loss of license (may apply for ignition interlock device to reduce revocation period
  • Alcohol and Substance Abuse Treatment Program 1 year
  • License plate impoundment
  • Court Costs and Fees

Maximum Fine
  • $500 AND
  • 6 months jail
  • Community labor of 10 days -6 months may be added to any sentence
  • 18 month loss of license (may apply for hardship license after minimum suspension period)
  • Alcohol and Substance Abuse Treatment Program 1 year
  • License plate impoundment
  • Court costs and fees  
Third Offense (in 5 years)
Minimum
  • $500 AND
  • 30 days jail (60 days with aggravating circumstances)
  • Community labor of 10 days – 12 months may be added to any sentence
  • Court costs and fees
  • 24 month license revocation (may apply for ignition interlock device to reduce the suspension period)
  • Alcohol and Substance Abuse Treatment Program 1 year
  • License plate impoundment

Maximum
  • $1000 AND
  • 12 months jail
  • Community labor of 10 days - 12 months may be added to any sentence
  • 36 month loss of license (may apply for hardship license after minimum period expiration)
  • Court Costs and Fees
  • Alcohol and Substance Abuse Treatment Program 1 year
  • License Plate impoundment  
Fourth Offense (in 5 years)
  • Class D Felony
  • Class D Felonies involve a minimum sentence of one year jail time with a maximum of five years
  • 120 days Minimum imprisonment days, not subject to parole, probation, or any form of release
  • If aggravating circumstances are present, 240 days minimum imprisonment
  • Court Costs and Fees
  • 5 year loss of license (no hardship license, may apply for ignition interlock device to reduce the suspension period
  • License plate impoundment
Aggravating Circumstances

    1.    Driving in excess of 30mph above the speed limit
    2.    Driving in the wrong direction on a limited access highway
    3.    Causing an accident resulting in death or serious physical injury
    4.    Driving with a blood alcohol concentration above .15
    5.    Refusing to submit to any test (blood, breath, or urine) requested by an officer having reasonable grounds
    6.    Driving with a passenger under the age of 12

Court Costs

Should you plead guilty or sustain a conviction, you will face court costs in addition to any fines. These costs vary depending on the court, but typically run just shy of $150. Misdemeanors and felonies cost more than traffic violations. The following is a list of the court costs in several neighboring counties: 
Oldham
  • Traffic = $143
  • Misdemeanor = $163  

Henry
  • Traffic = $143
  • Misdemeanor = $153  

Trimble
  • Traffic = $143
  • Misdemeanor = $153  

Jefferson
  • Traffic = $134
  • Misdemeanor, felonies, and no insurance = $135  

Bullitt
  • Traffic = $143
  • Misdemeanor = $153  

Shelby
  • Traffic = $143
  • Misdemeanor = $144  
KEG Ordinance
Oldham County law prohibits property owners from knowingly permitting the consumption of alcohol by minors on their property. Occupants and owners allowing persons under the age of 21 to remain on the premises while consuming alcohol face a punishment of:
  • $500-$1000 fine OR
  • Up to 60 days jail time OR
  • Both
Bad Checks
Writing a bad check can trigger KRS § 514.030 as “Theft by Unlawful Taking” (TBUT). Penalties for TBUT start high and worsen depending on the property “stolen.”  
Property worth <$500
  • Class A Misdemeanor
  • Up to 12 months jail time  
Property worth >$500, or property = firearms or anhydrous ammonia
  • Class D Felony
  • 1 to 5 years jail time  
Property worth >$10,000
  • Class C Felony
  • 5 to 10 years jail time
Leash Ordinance
The Oldham County Animal Control Ordinance requires that all animals be kept under restraint at all times. 
A vicious dog, or one that was duly subjected to a complaint of viciousness, may not leave the owner’s property at any time except when taken to a veterinarian. During those times it must be muzzled and leashed. Such animals must be housed in a six-sided enclosure when not indoors. Such enclosure must have a secure and permanent roof and floor. 
Violations of the Animal Control Ordinance have maximum penalties of a $500 fine OR 12 months imprisonment OR both. 
Expungement Procedure
Violating the law leaves a permanent mark on your record. Expungement is a mechanism by which an offense, the related factual evidence, and the legal history are erased and “deemed never to have occurred.” 
You may make a motion for expungement if:
  • You were charged with a criminal offense and found not guilty, or
  • The charges against you were dismissed with prejudice and not in exchange for a plea of guilty to another offense  

An expungement motion can be filed 60 days after the court enters an order of acquittal or dismissal. There is no filing fee for this type of motion but you will need to retrieve a copy of your criminal record, which costs $20. 
If the court finds that there are no current charges or proceedings relating to the matter for which expungement is sought, the court may grant the motion and order the record sealed. 
Agencies with filings or materials pertinent to the case are required to seal their records within 60 days of the order. 
Expungement after conviction: It is possible to have a misdemeanor or violation conviction expunged. Unlike the expungement of a true acquittal or dismissal, however, you must wait five years to file the motion for expungement, and there is a $100 filing fee. 

DUI FIRST OFFENDERS DIVERSION PROGRAM (FODP) INFORMATION SHEET PROGRAM PARTICIPATION

Jefferson County Only

You are eligible for this program only if you have no criminal record, your breath test is below a .150, and you did not refuse a breath, blood, or urine test, and you were not involved in an accident. 
Phase I
• Driver's license may be picked up by Participant from the Jefferson County Attorney's Office in the Hall of Justice on the 2nd floor (600 W. Jefferson St.) between 8:00 am and 4:00 pm, Monday - Friday, after the date given to the Participant. 
• Within 30 days of entry into the First Offenders Diversion Program (FODP), pay by check or money order the $300 FODP fee in full to the Jefferson County Attorney's Office. Cash will NOT be accepted for this fee. 
• Attend a four (4) hour Impact Session on the designated date, 12:00-4:00 pm (check-in begins at 11:30 am). 
• Within three months of entry into the FODP, complete the alcohol/drug assessment and the recommended alcohol education program at a designated and approved provider. Participant will receive a list of approved providers and pay the appropriate fees to the provider.
• Within three months of entry into the FODP, 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 months from FODP entry date? 
Phase II
• Within nine months of entry into the FODP, 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. As the Vigil will be held at Lakeside Baptist Church, 11412 Taylorsville Road, Jeffersontown KY 40299, appropriate dress and decorum are expected. Failure to attend or being late to the Vigil will result in termination from the program, or under extraordinary circumstances, you may be required to attend the Vigil the next year and all terms and conditions of the FODP will be extended by one year. 
• If the Participant fails to complete any listed requirements or receives any new charges while completing the FODP, the FODP agreement will be terminated, and the case will be returned to court for formal sentencing. The Director of the FODP reserves the right to impose appropriate sanctions in lieu of termination from the FODP based on the nature of the new offense or lack of compliance; appropriate sanctions may include: additional volunteer work, additional community labor, doing any Phase I or Phase II requirement a second time, etc. If the Participant is charged with a new DUI charge, then the FODP agreement will be terminated and the Participant agrees to be sentenced on the original Dill charge to a $500,00 Fine, a $325 Service Fee, court costs, an alcohol education program, 120-day operator's license suspension and thirty 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. 
• Inappropriate dress, behavior, or language will NOT be tolerated. 
• 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 Defendant's dismissal. 
• QUESTIONS? Call Emily O'Bryan, DUI Coordinator at (502) 574-8567, Monday-Friday, 8:00 am-5:00pm. 
WARNING:If you are charged with another DUI, then you agree to be sentenced to a $500.00 fine, a $375.00 service fee, a 120-day operator's license suspension, an alcohol education program and a thirty (30) day jail sentence on the original DUI, and the new DUI will be prosecuted as a second offense.
DUI FIRST OFFENDERS DIVERSION PROGRAM
According to my plea agreement with the Commonwealth of Kentucky, my guilty plea to DUI on the above noted case will be set aside upon completion of ALL eight (8) requirements listed below. I agree that I will not seek to expunge any records associated with my DUI case for a period of two (2) years from my dismissal date. I agree that the Commonwealth of Kentucky can use the existence of my DUI case, and any allegations and records therefrom, in any subsequent criminal proceeding unless the case is expunged. If I fail to complete any listed requirement or receive any other charge(s), then my DUI First Offenders Diversion will be terminated and my case will be returned to court for formal sentencing. The Director of the FODP reserves the right to impose appropriate sanctions in lieu of termination from the FODP based on the nature of the new offense or lack of compliance.
If I am charged with another DUI, then I agree to be sentenced to a $500.00 fine, a $375.00 service fee, a 120-day operator's license suspension, an alcohol education program and a thirty day jail sentence on the original DUI, and the new DUI will be prosecuted as a second offense.
1. I plead guilty to a DUI charge for an offense that occurred on ________________ because I was operating a motor vehicle in Jefferson County Kentucky with an alcohol concentration level of ______.
2. I surrender my operator's license to the Program for a period of _____ days and will not operate any motor vehicle during that time. I agree not to apply for a duplicate operator's license in Kentucky and I agree that I will not apply for an operator's license from any other jurisdiction.
3. I will attend a 5-hour impact session on ______________________, 20__ 
4. Within thirty-days of my entry into the Program, I will pay in person by check or money order the $300.00 Program fee to the Jefferson County Attorney's Office. Cash will NOT be accepted for this fee. 
5. Within three months of my entry into the Program, I will complete the alcohol/drug use assessment and the recommended alcohol education program at a designated and approved provider. I further agree to pay any and all fees due the alcohol education program provider within thirty days of its completion. 
6. Within three months of my entry into the Program, I will complete forty hours of volunteer work at any designated and approved governmental or charitable organization. 
7. Within nine months of my entry into the Program, I will complete twelve hours of community labor at approved events. I agree that a member of the JCA's Staff will supervise this community labor requirement and that a supervising staff member of the Program solely will determine successful completion of this requirement. 
8. I agree that I will attend the annual MADD Candlelight Vigil, which is held the First Monday of December.

  • Howell & Emery, PLLC

    105 N. First St., P.O. Box 655
    LaGrange, KY 40031

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