Wanton Endangerment 7 counts amended to Possession of Controlled Substance, 1st degree
Sep 18, 2018OUTCOME: Felony probation with expungement once off probation..ie..clean record!
In April 2016, my client was involved in a very serious traffic accident in Central Kentucky. By the grace of God, no one was seriously injured or killed, although five of the seven vehicles involved ... were completely totaled. In June 2016 an indictment was returned charging 7 counts of Wanton Endangerment 1st (Class D felonies carrying 1-5 years imprisonment each), DUI 1st plus additional misdemeanor charges. Several pre-trial motions were filed along with other delays and we were able to continue the case for 2 years. The prosecution initially wanted my client to plea to several counts of Wanton Endangerment 1st, with a 3 year jail sentence and opposition to probation. Finally, after several plea negotiations, my client ended up pleading guilty to Possession of a Controlled Substance, 1st degree and a non-DUI traffic offense. Since the Commonwealth still opposed probation, Tucker filed a four page motion for probation along with 28 letters attesting to the client's life changes since the accident. In September 2018, the judge rejected the Prosecutors argument for jail and placed the client on probation. Also, oncer probation is completed, the client will be able to expunge the Possession of a Controlled Substance,1st degree thereby removing the felony from his record. This expungement would not have been possible with a wanton endangerment plea. The client was extremely pleased.
