Adams, Stepner, Woltermann and Dusing obtains yet another trial victory this month. This week, Member Stacey Graus obtained a “not guilty” verdict in Boone District Court bench trial for a client charged with Operating a Motor Vehicle Under the Influence of Alcohol, First Offense (DUI).

The foundation of Mr. Graus’ defense argument hinged on the precedent set forth in  Wells v. Commonwealth, 709 S.W.2d 847 (Ky. App. 1986) and Harris v. Commonwealth, 709 S.W.2d 846 (Ky. App. 1986). These cases, which are still regarded as controlling law today, lay out several factors a court must consider when determining whether an individual was in actual, physical control of a motor vehicle for the purposes of DUI conviction. These factors are:

(1) whether or not the person in the vehicle was asleep or awake; (2) whether or not the motor was running; (3) the location of the vehicle and all of the circumstances bearing on how the vehicle arrived at that location; and (4) the intent of the person behind the wheel. (citation omitted).

Wells, 709 S.W.2d at 849.  Using his legal expertise and trial advocacy skills, Mr. Graus made a persuasive argument that the Commonwealth had not met its burden because it failed to demonstrate that his client was in physical control of his vehicle based on these factors.  The Boone District Court agreed, and his client was found “not guilty.”

Having an attorney who knows the law and is willing to fight to protect you is essential. If you need a criminal lawyer in Cincinnati or Northern Kentucky, Stacey Graus is available to talk to you today. You may reach him at 859.394.6200, or by email at sgraus@aswdlaw.com.