Blankenship Massey & Associates, Attorneys at Law Blankenship Massey & Associates, Attorneys at Law2024-03-15T15:26:30Zhttps://www.nkylawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1400957/2019/09/cropped-logo-fav-icon-32x32.jpgOn Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500722024-03-15T15:26:30Z2024-03-15T15:26:30ZWhat are sobriety checkpoints?
Sobriety checkpoints are police operations that temporarily stop drivers at specific locations to check for signs of alcohol or drug impairment. These checkpoints catch impaired drivers before they cause accidents to prevent drunk driving. The police typically announce the location and time of these checkpoints in advance, aiming to deter individuals from driving under the influence.
Sobriety checkpoints are a deterrent against drunk driving and a method for law enforcement to interact directly with drivers to assess their sobriety. However, they are also controversial because all drivers must stop, even when there is no reasonable suspicion toward them.
Can you drive away?
In Kentucky, you have the legal right to avoid a sobriety checkpoint by turning onto a different road. Despite its legality, turning away from a checkpoint may attract attention from law enforcement.
Officers might interpret this action as a desire to avoid police interaction, which could prompt them to observe your driving more closely. They may look for a minor traffic violation, such as expired registration tags or malfunctioning lights, as a reason to conduct a stop.
If you take an illegal action to turn away, such as an illicit U-turn, the police are likely to pull you over. By contrast, taking a legal turn down a side street is less risky.
Choosing to avoid a sobriety checkpoint in Kentucky is within your rights, but it requires careful consideration. The act itself is not illegal, but a heightened awareness of traffic laws and vehicle maintenance can help you avoid unintended consequences.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500702024-03-09T19:23:52Z2024-03-09T19:23:52ZThe purpose of a CDR
The SSA conducts CDRs to verify that individuals receiving disability benefits still meet the eligibility criteria. The frequency of your CDR depends on the nature and severity of your disability, ranging from every three to seven years.
The process of a CDR
When it is time for your CDR, you will receive a notice from the SSA. The notice will include a questionnaire about your current medical condition, treatments and daily activities. Complete this questionnaire accurately and promptly, as your answers will help determine your ongoing eligibility for benefits.
The SSA may request updated medical records from your healthcare providers. This information helps them assess whether your condition has improved, worsened or remained the same. Inform the SSA of any changes in your treatment or medical condition since your last disability determination.
The outcome of a CDR
There are three potential outcomes from your CDR. If your condition shows no improvement and you still meet the disability criteria, you retain your benefits. If your condition improved moderately, but not enough to affect your eligibility, you will also keep your benefits. However, if your condition improves enough to make you ineligible, your benefits will cease.
The more you understand about the CDR process, the easier it is to gather the necessary evidence to support your case. Advocate for your condition to improve your chances of retaining benefits.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500682024-02-28T19:08:55Z2024-03-02T01:52:03ZPrevents self-incrimination
Talking with the police without an attorney increases the risk of you unintentionally incriminating yourself. This is true regardless of the issue police want to discuss. Authorities can misinterpret innocent statements. Prosecutors can use them against you in court.
With legal representation, you have someone who understands the nuances of the law. This person can advise you on what to say and what not to say to avoid self-incrimination.
Protects against coercion or intimidation
Police officers may use tactics, such as intimidation or coercion, to get information from individuals. Having an attorney present acts as a deterrent against such tactics. An attorney can intervene in cases of misconduct or violation of your rights.
Preserves legal options
By not speaking to the police without legal representation, you have the flexibility to explore various legal options. Your attorney can assess the situation, advise you on the best course of action and represent your interests effectively. This is the case whether your interests involve negotiating a plea deal, challenging evidence or preparing for trial.
Explains legal procedures
Navigating the legal system can be complex. Attorneys can guide you through the process. They help uphold your rights and check that you understand the implications of any actions or statements you make or made. Attorneys serve as safeguards. They ensure that authorities respect your constitutional rights, such as the right to remain silent and the right to due process.
By not speaking to the police without an attorney, you can avoid many potential pitfalls and protect yourself as much as possible.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500662024-02-28T01:50:26Z2024-03-01T01:49:18ZTimely evaluation and treatment
Getting medical attention after a slip-and-fall incident is a good idea. This is true even if injuries such as tailbone pain seem minor. Some injuries do not show symptoms immediately but could worsen over time without treatment. Medical documentation helps ensure that all injuries get timely evaluation and treatment. This helps prevent many potential complications.
A link to the incident
Accurate medical documentation can link the injuries to the slip-and-fall incident. Medical records detail the extent of injuries, the diagnostic tests performed and the prescribed treatments. These records strengthen the connection between the accident and resulting harm. This documentation can be important in any future legal proceedings or insurance claims.
Proper care and recovery
Medical documentation offers a roadmap for ongoing care and recovery. It enables health care providers to track the progress of injuries. Providers can adjust treatment plans as necessary and monitor for any complications. Patients can receive appropriate care tailored to their specific needs.
Insurance claims
Insurance companies rely on medical records to assess the validity of injury claims. Records also help determine the extent of compensation owed to the injured party. Accurate and thorough documentation increases the chances of a fair insurance claim outcome.
By prioritizing medical documentation, individuals can empower themselves. They can take proactive steps toward recovery and resolution.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500642024-02-12T19:45:03Z2024-02-15T19:42:58ZProvide your basic information
When moving about in public, Kentuckians generally do not have to show a police officer their identification. However, different rules apply to drivers, who must carry identification.
When an officer requests your license, registration and proof of insurance when you are operating a vehicle, you should provide these documents. Keep your hands visible when the officer approaches. Let the officer know where you keep these items and when you are reaching for them.
Law enforcement also expects you to inform an officer if you are carrying a firearm. Stay respectful and polite throughout these transactions.
State which rights you wish to uphold
While you must provide identification as a driver, you still do not have to answer the officer’s questions. This is your Fifth Amendment right. Again, you can respectfully assert this right to remain silent without getting into a confrontation. If the officer issues you a citation, you can address the charges at a later court date.
You can also refuse a request to search your vehicle without a warrant, which is your Fourth Amendment right. Additionally, you do not have to consent to a field sobriety test, such as the one-leg stand, eye movement or walk-and-turn test. These tests are largely subjective and are not foolproof. Clearly state that you refuse such a test if you do not want to submit to it.
However, Kentucky has implied consent laws for breath tests. Refusing such a test may help your case, but you will likely face charges and penalties until you can fight the charges in court.
Remember that a stop for a suspected DUI does not mean an arrest and conviction is a foregone conclusion. By taking appropriate steps and saying the right things, you can protect your case.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500612024-01-31T00:48:43Z2024-02-04T00:45:50ZProtects you from potential self-incrimination
Perhaps the biggest reason to avoid talking to the police without legal counsel is that anything you say or admit to can potentially incriminate you or end up used against you. Even if you are innocent, statements you make in the heat of the moment or under pressure get misconstrued or taken out of context. The best approach is to remain silent and let your legal counsel handle communicating with law enforcement on your behalf.
Even innocent statements could be problematic
In addition, even explaining your side of the story could have unintended consequences. Law enforcement officials find inconsistencies and holes in stories to identify wrongdoing. Without legal experts coaching you on your rights and the implications of your statements, innocent explanations could still land you in hot water if discrepancies arise.
Protects your potential defense
Remaining silent allows your legal team to shape the narrative and build a defense strategy with the element of surprise. If the other side does not know what story you will tell or what evidence you have, it gives your lawyers more leverage to get you the best outcome possible.
Talking extensively to the police without legal counsel present, even if you are innocent, can put you at unnecessary risk. Lean on your constitutional rights, say little and let your lawyer handle speaking on your behalf.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500592024-01-31T00:42:56Z2024-02-02T00:41:02ZThe physics of head-on collisions
Head-on collisions involve the front ends of two vehicles crashing into each other with substantial force. The impact is akin to hitting a solid wall at high speed. The sudden deceleration causes the occupants of both vehicles to continue moving forward, subjecting them to immense forces. As a result, severe injuries can occur, including head trauma, brain injuries, spinal cord damage, broken bones and internal organ damage.
Sadly, the Department of Transportation reports that more than 42,900 people lost their lives in traffic accidents throughout 2021.
Speed and airbags
The speed at which head-on collisions occur plays a key role in determining the severity of injuries. The combined velocity of two vehicles heading toward each other doubles the impact force, significantly increasing the likelihood of fatal or life-altering injuries. Furthermore, the absence or improper use of safety restraints increases the risk of severe injuries in head-on collisions. Without seat belts, occupants are more likely to become ejected from their vehicles upon impact. When airbags fail to deploy or are not used correctly, the chances of sustaining head, neck and chest injuries increase.
Understanding the physics of head-on collisions and the potential consequences highlights the importance of safe driving habits, such as obeying speed limits, wearing seat belts and using airbags correctly. By prioritizing safety on the road, drivers can help prevent these accidents.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500572024-01-18T20:09:54Z2024-01-18T20:09:54ZWhat makes a DUI checkpoint legal?
A police officer cannot pull you over without a reasonable belief that you committed a crime. So how is a DUI checkpoint legal? If the police set up checkpoints to deter drunk drivers, the court may deem it a reasonable act to keep the public safe. As long as the police set up roadblocks during high-risk times and in areas where drunk driving is more likely to occur, the court supports the constitutionality of checkpoints.
Do DUI charges from a checkpoint always stick?
DUI charges do not always stand, even during a traffic stop, so the same applies to a checkpoint. Officers must conduct themselves in a very specific way during a DUI investigation. They need to believe you are under the influence, the initial evidence of which they gather during their initial interaction with you, such as:
Smelling your breath during the conversation
Listening to whether you slur your words
Observing the visible contents of your vehicle and the way you behave
If an officer believes from this that you may have consumed alcohol, the investigation moves into the physical roadside tests, including a breath test.
You always have the right to fight DUI charges, even those you receive at a DUI checkpoint. While the law says the stop itself is legal, you always have options to defend yourself against any DUI charge.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500552024-01-05T02:13:55Z2024-01-05T02:13:55ZBreaching the chain of command
Disobeying orders, refusing to carry out duties or disrespecting superiors are all serious offenses that can lead to a court-martial. In the military, strict adherence to orders is important for maintaining order and ensuring everyone's safety. When a soldier disrupts this chain of command, it can have dire consequences for the entire operation.
Crimes against people and property
Just like in civilian life, crimes like assault, theft and drug possession are also punishable under the Uniform Code of Military Justice. However, the penalties in military court can be harsher, reflecting the heightened need for security and accountability within the ranks.
Betrayal of trust
The government considers espionage, sharing classified information with unauthorized individuals or even fraternization grave offenses that can put national security at risk. These actions can have far-reaching consequences, jeopardizing missions and endangering lives.
Moral and ethical lapses
Conduct unbecoming of an officer or a gentleman is a broad category that encompasses behaviors that damage the reputation and integrity of the military. This could include hazing, sexual harassment or even lying to a superior. Such actions undermine the trust and respect that underpins military service.
Facing a court-martial is a daunting and potentially life-changing experience. While the majority of soldiers serve with honor and distinction, even the best can make mistakes. Understanding the potential consequences of certain actions can help ensure that everyone in uniform upholds the high standards expected of them.]]>On Behalf of Blankenship Massey & Associates, Attorneys at Lawhttps://www.nkylawyers.com/?p=500532023-12-20T16:55:46Z2023-12-20T16:55:46Z1. “I only had a couple of drinks.”
Honesty is important, but oversharing can cost you when it comes to a traffic stop. Saying that you only had a couple of drinks might seem harmless, but it serves as an admission of guilt that the police can use against you later. Regardless of the quantity, any alcohol consumption can potentially impair your ability to drive safely.
2. “It is my medication, not alcohol.”
It is easy to think that you can resolve the situation quickly if you explain that a medication you took is to blame for your driving behaviors. Unfortunately, the law addresses impairment of any form, including not only alcohol but medication as well. In fact, the NHTSA reports that 56% of drivers involved in serious crashes tested positive for at least one substance.
3. “I can prove that I am not drunk.”
When faced with a traffic stop for driving under the influence, your first instinct might be to prove that you are not drunk through a field sobriety test. These tests rely on the officer’s judgment as well as established markers to determine potential impairment, which creates a subjective situation that could lead to unexpected charges.
A DUI traffic stop can prove stressful, but choosing the right words can make a difference in the outcome. Be mindful of these statements as you interact with the police to protect yourself.]]>