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Commonwealth of Kentucky v. Howard6/18/1998
ous concern.
Finally, we determine that the statute in question does not violate Section 59 of the Kentucky Constitution because the classification provided in the statute is based on natural, real and substantial distinctions as recognized in Board of Education of Louisville v. Board of Education of Jefferson County, Ky., 522 S.W.2d 854 (1975). Here, the law applies equally to the class of drivers under age 21 and the reasons for dividing the classification are based on the statutory legal age at which alcohol can be purchased. This legislation does not amount to the type of special legislation prohibited by Section 59 of the Kentucky Constitution. See Smith, which stated in part that the enactment of a statutory system based on a voluntary federal statutory plan was constitutional. See also Kentucky Harlan Coal Co. v. Holmes, 872 S.W.2d 446 (1994).
The decision of the circuit court is reversed. KRS 189A.010(1)(e) is constitutional.
CASE NO. 98-SC-06-TG
Vaughn appeals from an order of the Laurel Circuit Court affirming the decision of the Laurel District Court which overruled his motion to dismiss. Discretionary review was granted by this Court and this case was heard on oral argument at the same time as Commonwealth v. Howard, 969 S.W.2d 700, 1998 Ky. Decision. The questions presented by Vaughn are essentially the same.
The issue is whether KRS 189A.010(1)(e) creates a suspect class based on age in violation of the rights of the defendant under the Fourteenth Amendment to the United States Constitution and Section 59 of the Kentucky Constitution.
On December 11, 1996, Vaughn, who is under age 21, was arrested by London police for operating a motor vehicle with a blood alcohol concentration above 0.02 percent. Vaughn sought to have the district court charges dismissed on the grounds that the statute violated the equal protection guarantees of the Fourteenth Amendment to the U.S. Constitution and Section 59 of the Kentucky Constitution. He relied on Raines. The prosecution cited Praete and argued that Raines, is distinguishable because of the differences between the statute in that case and the statute here. The district Judge denied the motion to dismiss and Vaughn entered a conditional plea of guilty pursuant to RCR 8.09, reserving his right to appeal. The circuit court affirmed the denial by the district court of the motion to dismiss, finding that Vaughn had failed to overcome the strong presumption in favor of constitutionality accorded to a statute pursuant to Buford v. Commonwealth, Ky.App., 942 S.W.2d 909 (1997). The Court of Appeals granted a motion for discretionary review and this Court accepted transfer.
The essential constitutional question raised by Vaughn regarding the constitutionality of KRS 189A.010(1)(e) has been answered as it applies to Howard's case to the effect that the statute is constitutional.
In response to specific questions raised by Vaughn in his appeal, this Court holds that the Commonwealth does not have the burden to prove that a statute is constitutional, but rather the one challenging it has such a burden. Cf. Stephens v. State Farm, supra. The statute in question does not violate the equal protection guarantees of either the federal or state constitutions as held by our decision in Howard's case.
The judgments of the circuit court and the district court as they relate to Vaughn's case are affirmed.
The decision of the circuit court in Howard's case is reversed.
All concur.
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