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Elizabethtown Kentucky Legal Blog

Is attorney-client privilege at risk in the United States?

Many Elizabethtown residents who have read recent headlines may be worried or confused about the fate of any privileged conversations they may have had with their criminal defense attorneys. After all, if the president of the United States can't count on attorney-client privilege to be sacrosanct, how can anyone else?

Fortunately, those fears or misconceptions are misguided. There is absolutely no threat to "one of the oldest recognized privileges for confidential communications," as William H. Rehnquist wrote in a majority opinion back in 1998 when he was the chief justice for the U.S. Supreme Court.

Why is drowsy driving such a problem?

There are plenty of roadblocks to highway safety. The most obvious and egregious is impaired driving, as this is 100 percent avoidable if drivers refuse to get behind the wheel if they have taken drugs or been drinking alcohol.

While it is less recognized, drowsy driving is far more insidious, as everyone gets tired sometimes. Unfortunately, sometimes these sleepy folks do attempt to drive when what they really need is a good nap. More than 60 percent of drivers in the United States admit to at least a single incident of drowsy driving over the prior year.

Are teenagers responsible for most texting-related crashes?

When you think of texting and driving accidents, you likely think of teens. You assume that since most teens hate to be separated from their cellphones, they would be most at fault for such crashes.

While that may seem somewhat logical, recent studies show a different result.

What you do after a car crash has settlement ramifications

If you are the victim of a minor car crash, such as a rear-end collision, you will feel shaky at the very least.

Although your first move will be to check yourself and others for injuries, what you do next will matter in terms of receiving fair compensation from the other driver’s insurance company.

Beware the month of March for divorce

Did your marriage survive "March madness?" No, not the basketball tournament, although if your mate is a sports fanatic, this could be a challenge.

The above term is a reference to the spike in divorce filings during the month of March. Learn why this month may be make-or-break time for your marriage.

2 freight trains collide near Lexington

A recent collision between two freight trains caused some Kentucky residents near Lexington to evacuate their homes and injured four engineers who were aboard. The accident happened shortly after 11 p.m., on Sunday, March 19.

The collision between two Norfolk Southern trains happened in Georgetown, which is approximately 15 miles north of Lexington. The impact caused the locomotives and 13 cars to jump the track, the spokesperson for Norfolk Southern announced.

Was the trucker who hit you impaired by a legal drug?

Under the law, legal and illegal drugs are viewed very differently. One example that illustrates this is that while it is always illegal to be in possession of even small amounts of heroin, taking prescription drugs that are opiate-derivatives, like morphine or Oxycontin, is permitted as long as the user has a valid prescription from his or her doctor for the medication.

But when the individual with the prescription is a commercial motor vehicle operator, the issue becomes much murkier. There's a good reason for that.

The lighter side of litigation

All facets of the law are generally very serious and often, mind-numbingly dull as well. Occasionally, however, there will be a burst of levity, as noted in some of these actual insurance claims that were filed after accidents.

  • Coming home, I drove into the wrong house and struck a tree I haven't got.
  • I was on my way to the doctor with rear end trouble when my universal joint gave way causing me to have an accident.
  • I pulled away from the side of the road, glanced at my mother-in-law, and headed over the embankment.
  • I started to slow down but the traffic was more stationary than I thought.
  • The guy was all over the road. I had to swerve a number of times before I hit him.
  • The accident was caused by me waving to the man I hit last week.

Some pedestrians seem to always be in the wrong place at the wrong time.

  • The car in front hit the pedestrian but he got up so I hit him again.
  • The pedestrian had no idea which direction to run, so I ran over him.
  • I saw the slow moving, sad faced old gentleman as he bounced off the roof of my car.

Consult your attorney before accepting plea bargains

If you are facing criminal charges in a Kentucky court, at some point in the adjudication process, you will likely be presented with the opportunity to negotiate a plea bargain. The big question is whether or not you should take a plea at all.

It's helpful to keep in mind that plea bargains form the basis of approximately 90 percent of the total of all criminal cases in the United States. Without these useful arrangements, the American criminal justice system would be crushed under the sheer volume of all of the cases.

Before you drink and drive, learn how alcohol affects the body

It is illegal to drive anywhere in the U.S. with a blood alcohol content level of 0.08 percent or more in your system. Alcohol is a factor in about one-third of all car crash fatalities, but people still drink and drive.

You may think it is perfectly fine to drive after having a couple of beers, but before you get behind the wheel, here are some facts to consider about how your system is reacting to that alcohol.

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