Kentucky Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Kentucky or Court of Appeals of Kentucky where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Lexington-Fayette Urban County Government v. Smolcic - 8/26/2004
On April 28, 1998, Dora Jurdana, Marijana Meculj, and Vesna Vasicek were crossing, on foot, U.S. Route 27 at the intersection of Nicholasville Road and Moore Drive when they were struck by a vehicle driven by Cara Rodgers. U.S. Route 27 is...
Lexington-Fayette Urban County Govt. v. Smolcic - 8/26/2004
TO BE PUBLISHED
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
On April 28, 1998, Dora Jurdana, Marijana Meculj, and Vesna Vasicek were crossing, on foot, U.S . Route 27 at the intersection of Nicholasville Road and...
Hatton v. Commonwealth - 8/26/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Gillum v. Commonwealth - 8/26/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCED URE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Collins v. Commonwealth - 8/26/2004
TO BE PUBLISHED
REVERSING AND REMANDING
The Appellant, Mark Collins, appeals from an order of the Grant Circuit Court denying his motion to suppress evidence obtained during a vehicular stop. The Court of Appeals affirmed ....
Kidd v. Commonwealth - 8/20/2004
AFFIRMING
Nicholas Kidd (the appellant) has sought discretionary review of an opinion of the Barren Circuit Court, which reversed a judgment notwithstanding the verdict (JNOV) entered by the Barren District Court.
Kidd...
Kidd v. Com. - 8/20/2004
Nicholas Kidd (the appellant) has sought discretionary review of an opinion of the Barren Circuit Court, which reversed a judgment notwithstanding the verdict (JNOV) entered by the Barren District Court.
Kidd was arrested and charged with...
Huff v. Commonwealth - 7/16/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
On April 2, 2002, Kentucky State Police Trooper Shannon Jones observed someone driving an all terrain vehicle (ATV) on U. S. 460, an activity prohibited on federal roads. Trooper Jones...
Warfield v. Commonwealth - 7/9/2004
REVERSING AND REMANDING
Rennie Warfield appeals from the judgment of the Scott Circuit Court finding him guilty of first-offense driving under the influence, no operator's license, terroristic threatening (two counts),...
Yocum v. Commonwealth - 6/25/2004
AFFIRMING
This is an appeal from a final judgment and subsequent order of the Boyle Circuit Court. The appellant, Joseph Yocum, who entered a conditional guilty plea, challenges the circuit court's decision to permit evidence...
Commonwealth v. Reynolds - 6/17/2004
TO BE PUBLISHED
CERTIFYING THE LAW
Pursuant to CR 76.37(10), the Commonwealth sought certification of the law on issues regarding Driving Under the Influence ("DUI") prosecutions of persons under the age of twenty-one, and...
Commonwealth v. Parson - 6/17/2004
TO BE PUBLISHED
AFFIRMING
On May 30, 2000, a motor vehicle owned and operated by Appellant, Michael Wayne Parson, crossed the center line of a highway in Jefferson County, Kentucky, and struck a vehicle owned and operated...
Culver v. Commonwealth - 6/11/2004
AFFIRMING
Brent T. Culver filed a petition for discretionary review with this Court and requested a review of an appellate opinion of the Nelson Circuit Court entered on November 18, 2002 which affirmed the Nelson District...
Commonwealth v. Green - 6/11/2004
AFFIRMING
The Commonwealth appeals following the denial by Jefferson Circuit Court of a writ of prohibition against the respondent District Judge. At issue is whether the defendants, Donald Davis and Damon Clayton, may be tried...
Gulyard v. Commonwealth - 6/11/2004
AFFIRMING
On January 31, 2002, a Hardin County grand jury returned an indictment charging Harry Gulyard, Jr. with theft by unlawful taking, first degree fleeing or evading police, operating a motor vehicle while under the...
Collins v. Commonwealth - 6/4/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Gene Collins appeals from an order of the Jefferson Circuit Court denying his petition for post-conviction relief pursuant to RCr 11.42. For the reasons stated below, we affirm. ...
Billingsley v. Commonwealth - 6/4/2004
AFFIRMING
This is an appeal by a judge of the Carroll District Court from a writ of prohibition entered by the Carroll Circuit Court. The writ prohibited the district judge, appellant, Stanley M. Billingsley, from enforcing an...
Deatley v. Commonwealth - 6/4/2004
NOT TO BE PUBLISHED
Harold R. Deatley, Jr., appeals from a judgment entered by the Mason Circuit Court on January 9, 2002, following his conditional plea of guilty to the charges of trafficking in marijuana more than eight ounces...
Stewart v. Commonwealth - 5/7/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Robin Stewart appeals from the judgment of the Hardin County Circuit Court, following a jury verdict, where she was convicted of Attempt to Elude in the first degree, Driving Under the...
Commonwealth v. Saettel - 5/7/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from an order entered by the Franklin Circuit Court affirming a decision by the Kentucky Board of Claims (board) in favor of appellee Lee Saettel, administratrix of...
Bush v. Commonwealth - 4/30/2004
AFFIRMING
James Robert Bush appeals from a jury verdict convicting him of two counts of first-degree promoting contraband. Bush contends that he was entitled to a directed verdict because there was insufficient evidence to...
Major v. Commonwealth - 4/30/2004
AFFIRMING
Billy Jack Major brings this appeal from an April 7, 2003, judgment of the Fayette Circuit Court imposing a prison sentence. We affirm.
The facts are these: On September 13, 2002, Lexington Police Officer Tony...
Commonwealth v. Kelly - 4/16/2004
AFFIRMING
On October 10, 2002, dispatch in Lexington received a call from two unnamed Waffle House employees that they suspected a recent patron of their restaurant to be under the influence and about to drive. They described...
Kopp v. Commonwealth - 4/16/2004
VACATING AND REMANDING
James Kopp appeals from a judgment and sentence on a plea of guilty whereby he was sentenced to two years' imprisonment after allegedly failing to abide by the conditions of a deferred sentencing...
Pinkston v. Commonwealth - 3/26/2004
AFFIRMING IN PART AND REVERSING IN PART
This was originally an appeal from a judgment convicting appellant of first-degree fleeing or evading police, second offense driving under the influence ("DUI"), and first degree wanton...
Burns v. Commonwealth - 3/26/2004
AFFIRMING IN PART AND REVERSING AND REMADING IN PART
Roy D. Burns brings this pro se appeal from the December 6, 2002 orders of the Laurel Circuit Court. We affirm in part and reverse and remand in part.
On December 17,...
Green v. Commonwealth - 3/19/2004
AFFIRMING
Anthony L. Green appeals from a judgment of the Fayette Circuit Court wherein he was convicted of receiving stolen property over $300 and of being a first-degree persistent felony offender and was sentenced to ten...
Cook v. Commonwealth - 3/18/2004
TO BE PUBLISHED
AFFIRMING IN PART AND VACATING AND REMANDING IN PART
On August 20, 2001, Billy Joe and Lisa Rains were standing in the front yard of their home on Bee Creek Road in Whitley County, Kentucky, when a 1984...
Thomas v. Commonwealth - 3/5/2004
NOT TO BE PUBLISHED
OPINION VACATING AND REMANDING
In December 2002, Carleen Thomas conditionally pled guilty to a misdemeanor charge of driving under the influence and to a felony charge of operating a vehicle while her...
Wright v. Commonwealth - 3/5/2004
TO BE PUBLISHED
OPINION AFFIRMING
Bradford Wright appeals from a judgment of the Jefferson Circuit Court, entered January 9, 2003, convicting him following a jury trial of second-degree manslaughter and sentencing him to...
Norat v. Commonwealth - 3/5/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
On March 3, 2002, shortly after midnight, Lexington Police Officer Paul Damron stopped Seth Norat for using the left turn lane to pass two vehicles. Damron noticed the odor of alcohol...
Thompson v. Commonwealth - 3/5/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Harold L. Thompson (Thompson) appeals the Fayette Circuit Court's denial of his RCr 11.42 motion alleging ineffective assistance of counsel. Finding no error, we affirm.
The...
Howard v. Commonwealth - 3/5/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Herbert Howard brings this pro se appeal from a September 24, 2002 order of the Campbell Circuit Court. We affirm.
On March 24, 2000, appellant was arrested on the charge of...
Commonwealth v. Rainey - 2/13/2004
TO BE PUBLISHED
(OPINION RENDERED OCTOBER 31, 2003 WITHDRAWN)
OPINION AFFIRMING
The Commonwealth of Kentucky brings this interlocutory appeal from a September 5, 2002, order of the Jefferson Circuit Court. Kentucky...
Moffitt v. Commonwealth - 1/30/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Appellant Brian Moffitt was convicted in Livingston Circuit Court of kidnapping an eleven-year-old girl, B.C., and sentenced to fifteen years' imprisonment. He appeals as a matter of...
Guy v. Commonwealth - 1/22/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY INANY...
Rayford v. Commonwealth - 12/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Yul Rayford appeals from a judgment of the Marion Circuit Court wherein he was convicted of several criminal offenses and sentenced to 15 years...
Commonwealth - 12/24/2003
AFFIRMING
The Commonwealth of Kentucky, Transportation Cabinet, Division of Driver Licensing (the Cabinet) appeals from an order of the Nelson Circuit Court remanding its decision to suspend the license of Michael D. Johnson...
Russell v. Hahn - 12/19/2003
AFFIRMING
John Russell appeals from a summary judgment of the Nelson Circuit Court, entered October 24, 2002, dismissing his claim for damages against Nationwide Mutual Insurance Company and two affiliated insurance agents,...
Commonwealth v. Buchanon - 12/18/2003
AMENDED: JANUARY 12, 2004
TO BE PUBLISHED
AFFIRMING
David Buchanon was arrested and entered a conditional plea of guilty to first degree possession of a controlled substance, driving under the influence, possession of...
Commonwealth v. Roberts - 12/18/2003
TO BE PUBLISHED
AFFIRMING IN COMMONWEALTH V. ROBERTS, 2002-SC-0691-DG
REVERSING AND REMANDING IN COMMONWEALTH V. SMITH, 2002-SC-0326-DG
We have considered these two appeals together because they concern a principal...
Kemper v. Commonwealth - 12/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
John Todd Kemper appeals from an order of the Owen Circuit Court denying his motion for post-conviction relief pursuant to RCr 11.42. Kemper contends that he received ineffective...
Dunn v. Commonwealth - 12/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
John Randall Dunn has appealed from a final judgment and sentence entered by the Fayette Circuit Court on October 2, 2002, following his conditional guilty plea. Having concluded that...
Malicoat v. Commonwealth - 12/5/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from a judgment entered by the Laurel Circuit Court convicting appellant of first degree possession of a controlled substance and sentencing her to one and one-half...
Johnson v. Commonwealth - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
William Leron Johnson (Johnson) entered a conditional plea on November 15, 2001, to trafficking in cocaine (KRS 218A.1412), possession of a handgun by a convicted felon (KRS 527.040),...
Dearmond v. Commonwealth - 11/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING
This is an appeal from a judgment convicting appellant of fourth offense driving under the influence ("DUI"), second offense operating a vehicle...
Western-Southern Life Assurance Company v. Maddox - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Western-Southern Life Assurance Company has appealed from a final order and judgment of the Greenup Circuit Court entered on August 29, 2002, which, following a jury trial, granted...
Neukam v. Commonwealth - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Terry D. Neukam has appealed from the final judgment and sentence entered by the Henderson Circuit Court on May 1, 2002, finding him guilty pursuant to a jury verdict of the offense of...
Cimiotta v. Commonwealth - 10/31/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
*
Kenneth Cimiotta appeals his convictions for trafficking in marijuana (KRS 218A.1421), possession of drug paraphernalia (KRS 218A.500), first-degree...
Miller v. Commonwealth - 10/23/2003
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Beaty v. Commonwealth - 10/23/2003
TO BE PUBLISHED
AFFIRMING IN PART AND REVERSING AND REMANDING IN PART
Appellant, Roger Beaty, was convicted by a Logan Circuit Court jury of five counts related to the possession, trafficking, or manufacturing of illegal...
Bell v. Commonwealth - 10/23/2003
TO BE PUBLISHED
AFFIRMING IN PART, REVERSING AND REMANDING IN PART
I. INTRODUCTION
Appellant fled on foot from a uniformed Lexington Police Department officer who had attempted to stop Appellant and a companion...
Taylor v. Commonwealth - 10/23/2003
TO BE PUBLISHED
VACATING IN PART AND REVERSING AND REMANDING IN PART
This appeal is from a judgment, which convicted Taylor of manufacturing methamphetamine, driving on a DUI-suspended license and fleeing and evading police...
Thomas v. Commonwealth - 10/17/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Dellithi Thomas (hereinafter "Thomas") has appealed from the McCracken Circuit Court's October 16, 2002, order revoking her probation and ordering her to serve the remainder of her five...
Dierig v. Shaya - 10/10/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Shortly after 11:00 P.M. on March 22, 2000, twenty-year-old Rachel Taylor attempted to make a left turn in her pickup truck across the west-bound lane of U.S. highway 42 into a Shell...
Hutchinson v. Commonwealth - 9/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Dewayne Hutchinson appeals from a judgment entered following his conditional guilty plea to the charges of first-degree fleeing or evading police, first-degree possession of a...
Sloas v. Rowan County - 9/19/2003
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
William Sloas has appealed from a summary judgment entered by the Rowan Circuit Court on December 6, 1999, which granted the appellees' (Rowan County, Don Hall, and Paul...
Higgenbottom v. Commonwealth - 9/18/2003
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Perdue Farms - 9/18/2003
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Hawkins v. City of Lawrenceburg - 9/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Jimmie Lee Hawkins (Hawkins) appeals from an order of the Anderson Circuit Court affirming a police disciplinary decision of the City Council of the City of Lawrenceburg. The...
White v. Commonwealth - 9/5/2003
AFFIRMING
Appellant Lloyd J. White appeals his conviction pursuant to a conditional guilty plea, RCr 8.09, for driving under the influence, fourth offense. Appellant argues that the police did not have probable cause to arrest...
Cranmer v. Commonwealth - 8/21/2003
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Kennedy v. Commonwealth - 8/1/2003
AFFIRMING
This is an appeal from an order denying appellant's CR 60.02 motion alleging that the trial court erred in computing his sentence. Upon review of the record, we reject appellant's contention that the court so erred....
Harris v. Commonwealth - 8/1/2003
AFFIRMING
Appellant was convicted by a McCracken Circuit Court jury of operating a motor vehicle under the influence, second offense, resisting arrest, and criminal mischief in the third degree. She appeals to this Court as a...
Commonwealth v. Long - 7/25/2003
AFFIRMING
The Commonwealth appeals the Circuit Court's order dismissing this driving under the influence case based on a denial of Jennifer Long's (Long) right to an independent blood test under Kentucky Revised Statutes (KRS)...
Walker v. Commonwealth - 7/18/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART REVERSING IN PART AND REMANDING
Charles Walker appeals from the judgment of the McCracken Circuit Court sentencing him to seventeen years' imprisonment after a jury convicted...
Mason v. Commonwealth - 7/18/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
The appellant, Vincent Andrew Mason (Mason), appeals from an order of the Jefferson Circuit Court of April 24, 2002, that granted in part and denied in part his motion to suppress...
Ramsey v. Commonwealth - 7/11/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Larry Lee Ramsey was convicted of fleeing or evading police in the first degree and driving on a suspended license. He alleges the trial court erred when it: (1) refused him a fair...
Massey v. Commonwealth - 7/11/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Stanley Curtis Massey appeals from an order of the Fulton Circuit Court finding that he violated the terms of his probation and directing that his probation be revoked. He alleges that...
Smith v. Commonwealth - 7/11/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Larry Ray Smith, pro se, has appealed from an order entered by the Fayette Circuit Court on November 14, 2001, which denied his CR 60.02 motion to vacate his sentence. Having found no...
Caudill v. Commonwealth - 6/12/2003
AS MODIFIED: FEBRUARY 5, 2004
TO BE PUBLISHED
AFFIRMING
Following a trial by jury in the Fayette Circuit Court, Appellants Virginia Susan Caudill and Johnathon Wayne Goforth were each convicted of murder, robbery in...
Cardona v. Commonwealth - 6/6/2003
AFFIRMING
Leslie Cardona appeals from a jury verdict finding him guilty of second-degree manslaughter, second-degree wanton endangerment, and driving while intoxicated. Cardona contends that he was entitled to a directed...
George v. Commonwealth - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Richard E. George has appealed from the final judgment and sentence entered by the Nicholas Circuit Court on December 20, 2001, which convicted him of two counts of trafficking in a...
Riley v. Commonwealth - 5/22/2003
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE COOPER
AFFIRMING
Appellant Freeland Thomas Riley was convicted by a McCracken Circuit Court jury of one count of possession of marijuana and one count of possession of...
Abney v. Commonwealth - 5/9/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Tony Dale Abney appeals from a judgment of the Montgomery Circuit Court convicting him of operating a motor vehicle on a suspended license, third offense, and sentencing him to three...
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