Legal Question in DUI Law in Kentucky

DUI and Possession

A friend was charged with a DUI. They found drug paraphenalia but told him that they weren't charging him for it. 4 months later he gets a call from an Officer saying that he is being summoned to court for the paraphenalia. There was never anything written on the citation about the paraphenalia. Can he still be charged for that?


Asked on 6/10/09, 5:15 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: DUI and Possession

Yes, they can charge him four months later. They may not be able to make the case, however. You can attack the officer's memory at trial and ask why he was not charged then. If they did not seize the "drug paraphenalia" you can dispute that characterization as well.

He should also try to determine why they decided to charge him at this time. Attack their motive.

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Answered on 6/10/09, 6:01 pm


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