legal consequences Archives - Viet Bao Louisville KY

On March 27th, 2023, Governor Andy Beshear signed two new laws in Kentucky, Lofton’s Law and Lily’s Law, that aim to strengthen the state’s hazing and driving under the influence (DUI) laws. These laws have several specific provisions that the public needs to be aware of.

Lofton’s Law, also known as Senate Bill 9, increases the penalty for hazing resulting in physical harm or death. It will now be considered a Class D felony, which carries a longer jail sentence and higher fines. Hazing that does not cause physical harm will now be considered a Class A misdemeanor. The bill was introduced in response to the tragic death of University of Kentucky freshman, Lofton Hazelwood, in October 2021.

Lily’s Law, also known as House Bill 262, mandates that a person is guilty of vehicular homicide if they cause the death of another while under the influence of drugs or alcohol. This law aims to hold those responsible for DUI-related deaths accountable and make the consequences more severe. The bill also requires those arrested for DUI to be detained for at least six hours, which is an increase from the previous four hours, and clarifies the breath test procedure in accordance with the standard operating procedures adopted by the Department of Criminal Justice Training.

In Kentucky, driving under the influence is a serious offense with severe consequences. If a person is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, they will be charged with a DUI. For drivers under the age of 21, there is a zero-tolerance policy, and any amount of alcohol in their system can result in a DUI charge. Commercial drivers have a lower legal limit of 0.04%.

If a person is convicted of DUI in Kentucky, they face jail time, fines, and the suspension of their driver’s license. For first-time offenders, the penalties can include up to 30 days in jail, a fine of up to $500, and a 30 to 120-day license suspension. For subsequent offenses, the penalties become more severe, with longer jail time, higher fines, and longer license suspensions.

In addition to the legal consequences, a person convicted of DUI may also face social and financial consequences. They may lose their job, have difficulty finding new employment, and experience strain on their personal relationships. They may also face higher car insurance rates and have to pay for any damages or injuries they caused as a result of their DUI.

To avoid these consequences, it is important to never drink and drive. If you plan to drink, make arrangements for a sober driver or use a ridesharing service such as Uber or Lyft. You can also designate a sober friend to be your driver for the evening. It is also important to be aware of your BAC level and to know your limits when it comes to alcohol consumption.

Lofton’s Law and Lily’s Law have strengthened Kentucky’s hazing and DUI laws, and it is important for the public to be aware of their provisions. If you plan to drink, make arrangements for a sober driver and be aware of your BAC level. By doing so, you can avoid the legal, social, and financial consequences of a DUI conviction. Remember, the best way to stay safe is to never drink and drive.

Fraudulent activities can have severe consequences, as demonstrated by the recent conviction of Carla Smith, a 38-year-old woman from Henderson, Kentucky. The investigation and prosecution of her case by the Kentucky Attorney General’s Medicaid Fraud Unit led to her conviction for defrauding the Kentucky Medical Assistance Program, commonly known as Medicaid.

Smith pleaded guilty to one count of Devising or Engaging in a Scheme to Defraud the Kentucky Medical Assistance Program over $300 or more, and one count of Theft by Deception over $500 but less than $10,000. As a result of her actions, Smith was sentenced by Union County Circuit Court Judge Daniel M. Heady to three years on each count, running consecutively for six years and probated for five years. She was also ordered to pay restitution of $6,016.60.

The indictment revealed that Smith provided false information to fraudulently obtain payment from the Kentucky Medical Assistance Program between March and May 2019. Her fraudulent activities led to her conviction and sentencing, demonstrating the severe consequences of engaging in such activities.

The investigation and prosecution of this case were led by Detective Greg Dukes of the Attorney General’s Medicaid Fraud Unit, and Deputy Director of the Medicaid Fraud Unit David R. Startsman prosecuted the case on behalf of the Commonwealth.

The Kentucky Attorney General’s Office of Medicaid Fraud and Abuse Control, which receives funding from the U.S. Department of Health and Human Services and the Commonwealth of Kentucky, played a crucial role in identifying and prosecuting the fraudulent activities of Carla Smith.

This case serves as a reminder of the severe consequences that fraudulent activities can have. Engaging in fraudulent activities can result in significant financial and legal consequences, including imprisonment and hefty fines. It is essential to remember that honesty and integrity are crucial in all aspects of life, especially when it comes to financial matters.

Furthermore, cases like these highlight the importance of government programs like Medicaid Fraud and Abuse Control, which help to ensure that public funds are being used appropriately and that those who engage in fraudulent activities are held accountable. The work of these programs is crucial in protecting the public from fraud and abuse and ensuring that resources are used effectively and efficiently.

The conviction of Carla Smith for Medicaid fraud serves as a warning that fraudulent activities have severe consequences. It is crucial to act with honesty and integrity in all financial matters, and the work of programs like Medicaid Fraud and Abuse Control is essential in identifying and prosecuting those who engage in fraudulent activities.

References

https://content.govdelivery.com/accounts/KYAG/bulletins/3501f5d