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Do You Have to Take Field Sobriety Tests in Kentucky?

admin — Tue, 27 Jan 2009 20:40:53 +0000

Absolutely not. You are never obligated to prove to an officer or deputy that you ARE NOT committing a crime. It is not illegal to drink and drive, and if you don’t feel comfortable taking the tests, you cannot be forced to. The law presumes you are innocent until the police can develop probable cause that a crime has occurred. Police develop probable cause through bad driving, field sobriety tests and finally, the portable breath test they use to detect the presence of alcohol.

Unfortunately, most officers will arrest you if you refuse to preform the field sobriety tests as directed. But, if you agree to take the tests and do not perform PERFECTLY, you will be arrested and the results of those tests will be used by the government to convict you in a Court of Law.

In my time as a Kentucky DUI Trial Lawyer, I have reviewed cruiser camera tapes where it was obvious the person was scared, nervous or tired and not at all intoxicated and I have heard testimony from officers who have no idea how to administer field sobriety tests, but used them to arrest my client. People are inclined to prove their own innocence, just know that you do not
have to.

If you have found yourself accused of Driving Under the Influence in Northern Kentucky, contact Zachary Smith, a Kentucky DUI Trial Lawyer at (513)238-7900 or zach@godbeylaw.com.

Zachary D. Smith, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

This article was written by attorney Zachary D. Smith. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.

Know Your Rights Regarding Your Insurance Claim

admin — Fri, 16 Jan 2009 16:26:45 +0000

When accidents or disasters occur, many consumers turn to their insurance carriers for reassurance. The unfortunate reality is the interest of the insurance claim representative and the consumer presenting a claim are often in opposition. To protect your rights, it is important for you to be familiar with your insurance policy and make a timely claim when the event occurs. In certain circumstances, your claim could be denied outright if you fail to provide timely notice or submit a Proof of Loss to the insurance company.

After providing notice of the initial claim, you should keep accurate notes and copies of all correspondence you have with your insurance carrier. Make sure to maintain accurate records of all your time and expenses associated with the triggering event and the processing of the claim. If you are unable to locate a copy of your policy, you should ask your claim adjuster for a
certified copy of policy. Remember, regardless of the type of claim (personal injury, property damage, homeowner, health) you should not rush into a settlement or take the first offer from the insurance company. Often times, you are simply not in a position to know all of your expenses associated with the claim or you may be able to negotiate to get a “fair” settlement. If you have any questions regarding the fairness of your settlement, you should seek professional advice.

For more information regarding your rights when handling an insurance claim, you will find additional information provided by the Ohio Department of Insurance at www.ohioinsurance.gov.

Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

Illegal Immigrants: The Backbone of Our Nation's Economy

admin — Fri, 12 Sep 2008 15:11:47 +0000

A recently published article in MSN Money reviewed “illegal” labor in the United States and its effect on our nations economy. The article found that nearly 8 million workers are employed illegally in the United States. This makes up nearly 5% of our nations entire workforce. The article further reported that most of these workers are employed in difficult and low-wage jobs,
for which the traditional United States labor force seems to exhibit little demand.

The results posed an important question: what if the government successfully deported all the “illegals,” and all that labor suddenly disappeared? In a word: catastrophe. The article concluded that crops “would rot in the fields” and agriculture “would come to a screeching halt.” Our service industries would be immediately overburdened. Not only would the cost of goods
rise, but profits would decline, as the billions of dollars spent annually in the United States by “illegals” would immediately disappear. Ultimately, the results would drastically change the economic landscape of the United States; the loss of labor could result in over $650 billion dollars of lost output – almost a 5% reduction in our gross domestic product.

Immigration issues affect everyone’s lives, whether directly or indirectly. If you or someone you know needs assistance with an immigration issue, please contact our office for a free consultation.

For more on this article, see “What If We Threw Out All The Illegal Immigrants?”

Blake P. Somers, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

Butler County Immigrants Beware!

admin — Fri, 07 Mar 2008 18:25:00 +0000

Butler County Sheriff, Rick Jones, has again grabbed front-page attention in the local media for his latest attack on the immigrant population of Butler County. No longer content to simply enforce Ohio law, Mr. Jones now wants to be in charge of deporting people as well.

As reported by the Cincinnati Enquirer, Sheriff Jones recently had eight of his deputies trained by the federal government so that they can initiate deportation proceedings against people who Sheriff Jones suspect may be illegal aliens. After a training program of just a few short weeks (paid for by taxpayers), these deputies may now attempt to initiate deportation proceedings against anyone in the Butler County Jail at Sheriff Jones’s direction. This new power means that immigrants in Butler County could face the possibility of deportation proceedings after being charged with nothing more than a speeding ticket.

Sheriff Jones says he has no intention of taking such actions over minor offenses “just yet.” However, that does not appear to be true. Every day, Immigration and Customs Enforcement (ICE) Agents call the Butler County authorities to ask whether they should come to process anyone for deportation. Where is the office for Butler County ICE agents? In Sheriff Jones’s backyard – the old Butler County Jail.

Now, more than ever, immigrants charged with crimes in Butler County need skilled legal representation to help them through difficult situations like this. If you or someone you know is in trouble, please feel free to call Mark Godbey and Associates at (513) 241-6650. We offer a FREE consultation to discuss the case in detail, quote fees, and advise you about the best way to handle your situation. Then you can decide if you would like us to help you. We have an attorney who is fluent in Spanish if you need translation help and we offer weekend and evening appointments at offices conveniently located in both West Chester and Cincinnati.

Blake P. Somers, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax