Legal Question in DUI Law in Kentucky

I have reviewed similar questions involving Diabetics suffering from a low blood sugar and being accused of intoxication. My case: I am 27 years old and have been diabetic for 18 years. For the most part I take excellect care of myself. Shotly after having my first child (pregnancy can REALLY mess with blood sugars) I went out with friends. I had thress glasses of wine, and shortly after experienced a low blood sugar. I became disoriented, defiant, and honestly don�t even remember most of what happened during this episode. Police were onsite and arrested me for Disorderly conduct, public intoxication and assault. (I did not go easily.) They were made aware I was Diabetic (from friends) and told I needed medical attention. They disregarded this, I was booked, and ignored until hours later at jail. I was then given medical attention and my condition obviously improved. Because of my charges, I was told I was not allowed to see my child or husband until I pled guilty or the case had gone through courts (takes way to long for a mother to not see her child). I pled guilty to see my family, and the assault charge was lessoned to harassment. This happened three years ago in Kentucky. I have no other record, but am having a hard time accepting that I have to live with these charges (and am currently trying to relocate and find a new job). Is there anything that can be done so late in the game?


Asked on 8/27/10, 1:11 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

Well, the short answer is: No, but still yes.

Even if you plead guilty for the wrong reasons, you're beholden to it. So, unless you can prove you were coerced (which would be really hard to do since it was 3 years ago and I doubt there were any recordings or statements that would back up your story), the guilty plea stays.

However, 5 years from the date you completed your sentence/probation/paid your fine, you can seek to have your record expunged. The files will be closed, it will no longer appear on your criminal record, and it's as though it never happened.

Folks, if something like this happens to you, where you are denied medical attention by the police, file a complaint with the department. Just because you have been accused of a crime, does NOT mean you are no longer entitled to civil rights or basic human rights. And as this individual's regret has shown, don't be quick to plead guilty simply because it's the easy way out, or because the police/prosecutor wants you to do so. Even misdemeanors can haunt you. Seek the advice of an attorney and make an informed decision. Don't speak to the police without counsel present. If they are interrogating you, tell them to stop, you are going to remain silent, and you want your attorney.

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Answered on 9/07/10, 2:01 pm


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