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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Young v. Commonwealth - 5/9/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is a pro se appeal from an order entered by the Kenton Circuit Court denying appellant's motion for RCr 11.42 relief in which appellant requested an evidentiary hearing. Finding no...
Pinkston v. Commonwealth - 5/2/2003
TO BE PUBLISHED
OPINION AFFIRMING IN PART AND REVERSING IN PART
This is an appeal from a judgment convicting appellant of first-degree fleeing or evading police, second offense driving under the influence ("DUI"), and...
McPeak v. Commonwealth - 5/2/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
During the late evening of March 31, 2000, someone drove Donald McPeak's Chevy Blazer into the ditch in front of his house. An Allen County jury found that McPeak had been the driver...
Stewart v. Estate of Cooper - 4/24/2003
TO BE PUBLISHED
AFFIRMING
I. INTRODUCTION
This matter presents an issue of first impression. Appellants suffered injuries in an automobile collision caused by a drunken driver, and later filed a lawsuit in which they...
Commonwealth v. Watson - 4/4/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
The Commonwealth of Kentucky appeals from an order from the Christian Circuit Court suppressing evidence seized in a warrantless search from a vehicle driven by Antoine Watson. After a...
Bautista v. Commonwealth - 4/4/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
On March 25, 2000, at 10:00 p.m., Paris Police Officer J. C. Sword heard loud music coming from an automobile parked in front of the Bourbon County Courthouse. Sword approached the...
Ray v. Commonwealth - 3/28/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Mark Anthony Ray appeals a judgment from the Knox Circuit Court convicting him of trafficking in marijuana over five pounds while in possession of a firearm and other, misdemeanor...
Williams v. Commonwealth - 3/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
On April 26, 2001, at 11:30 p.m., Lexington Police Officer D. Jay Williams observed Guyland Bushaw Williams driving seventy miles per hour in a forty-five mile per hour zone on New...
Stringfellow v. Commonwealth - 3/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
On May 26, 2001, after 11:00 p.m., Carl Colon Stringfellow was pulled over by Lexington Police Officer Joseph Eckhardt for driving without headlights. Upon exiting his vehicle,...
Johnston v. Commonwealth - 3/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
David Lee Johnston appeals from an order of the Jefferson Circuit Court denying his RCr 11.42 motion to vacate his seven-year sentence for fourth-offense driving under the influence...
Commonwealth v. Smith - 3/7/2003
REVERSING AND REMANDING
The Commonwealth of Kentucky appeals from an order of the Perry Circuit Court reversing the conviction of Barry Lee Smith ("Smith") on the charge of driving under the influence. For the reasons stated...
Lee v. Commonwealth - 2/28/2003
AFFIRMING
This is an appeal from an order of the Fayette Circuit Court which denied appellant's request for relief pursuant to CR 60.02. We affirm.
On April 25, 1995, appellant pled guilty to a fourth offense of operating...
Whitehouse v. Commonwealth - 2/28/2003
AFFIRMING
The sole issue in this appeal is the constitutionality of the 1998 version of KRS 189A.010(4)(a). Appellant argues that the penalty enhancement provision of the statute applicable to those with an alcohol...
Dunkerson v. Commonwealth - 2/28/2003
AFFIRMING
Jeffrey A. Dunkerson appeals from an order of the Henderson Circuit Court revoking his conditional discharge (KRS 532.040) and sentencing him to three years' imprisonment. We affirm.
Dunkerson was indicted on...
Commonwealth Transportation Cabinet v. Mohney - 2/21/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
The Commonwealth of Kentucky, Transportation Cabinet, and James C. Codell, III, as Secretary of the Transportation Cabinet (the Cabinet), appeal from an order of the...
Commonwealth v. Leahy - 2/7/2003
NOT TO BE PUBLISHED
OPINION REVERSING
This matter is before us on discretionary review from a November 20, 2001, decision of the Graves Circuit Court reversing the Graves District Court's judgment convicting Paul Leahy...
Rollins v. Commonwealth - 1/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Michael Allen Rollins appeals from his conviction in Fayette Circuit Court of operating a motor vehicle on a suspended license for driving under the influence, third offense, in...
Mills v. Commonwealth - 1/24/2003
AFFIRMING
Michael C. Mills appeals from a judgment entered on a conditional plea of guilty to driving under the influence, third offense, with a blood alcohol level over 0.18, pursuant to Kentucky Revised Statute (KRS)...
Burchett v. Commonwealth - 1/23/2003
REVERSING AND REMANDING
As the result of a fatal automobile collision, Appellant, George Burchett, Jr., was convicted by a Green Circuit Court jury of reckless homicide, for which he received a sentence of five years'...
Kentucky Bar Association v. Dunn - 12/19/2002
TO BE PUBLISHED
OPINION AND ORDER
Respondent, Stephen Ray Dunn, of Providence, Kentucky, was admitted to the practice of law in the Commonwealth of Kentucky in October of 1979. In an Opinion and Order entered on March 19,...
[W] Kotila v. Commonwealth - 12/19/2002
OPINION WITHDRAWN per order dated April 24, 2003.
RONALD KOTILA, APPELLANT v. COMMONWEALTH OF KENTUCKY, APPELLEE
APPEAL FROM PULASKI CIRCUIT COURT HONORABLE DANIEL J. VENTERS, JUDGE CRIMINAL NO. 99-CR-00068-002 ...
Horn v. Kentucky Bar Association - 12/19/2002
TO BE PUBLISHED
OPINION AND ORDER DENYING REINSTATEMENT
Jerry L. Horn of Lexington, Kentucky (KBA #8628) seeks reinstatement to the Kentucky Bar Association pursuant to SCR 3.510 following a five-year suspension. The...
Campbell v. City of Booneville - 9/26/2002
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
Although the claimant was injured in an accident while driving his police cruiser, pursuing a suspect, an Administrative Law Judge (ALJ) determined that his voluntary...
King v. Commonwealth - 9/26/2002
NOT TO BE PUBLISHED
MEMORANDUM OPINION OF THE COURT
AFFIRMING
This appeal is from a judgment based on a jury verdict which convicted King of wanton murder. She was sentenced to a total of twenty-four years in prison. ...
Rogers v. Commonwealth of Kentucky - 9/26/2002
TO BE PUBLISHED
REVERSING AND REMANDING
I. INTRODUCTION
A Jefferson Circuit Court jury found Appellant guilty of Murder, First-Degree Robbery, and First-Degree Burglary, and recommended that Appellant serve concurrent...
Rogers v. Commonwealth - 9/26/2002
TO BE PUBLISHED
REVERSING AND REMANDING
I. INTRODUCTION
A Jefferson Circuit Court jury found Appellant guilty of Murder, First-Degree Robbery, and First-Degree Burglary, and recommended that Appellant serve concurrent...
Commonwealth v. Pace - 8/22/2002
TO BE PUBLISHED
Reversing
In June 1999, Appellee, Ricky W. Pace, was arrested for DUI while operating his all-terrain vehicle (ATV). He was subsequently indicted in the Harlan Circuit Court for DUI, fourth offense in five...
Commonwealth v. Stephenson - 8/22/2002
TO BE PUBLISHED
REVERSING AND REMANDING
I. INTRODUCTION
In September of 1999, the Jefferson County Grand Jury returned an indictment against Appellee, Stephen Stephenson (hereinafter "Stephenson"), charging him with...
Commonwealth v. Mattingly - 8/16/2002
AFFIRMING AND REMANDING
The Commonwealth brings this matter on discretionary review from an opinion and order of the Marion Circuit Court which set aside a conditional guilty plea entered by Joseph Corey Mattingly to the charge...
Thacker v. Commonwealth - 6/21/2002
TO BE PUBLISHED
OPINION AFFIRMING
On May 4, 2001, Leo Thacker pled guilty in Fayette Circuit Court to several counts of obtaining, and several counts of attempting to obtain a controlled substance by means of fraud, in...
Commonwealth v. Philpott - 5/16/2002
TO BE PUBLISHED
CERTIFYING THE LAW
Gregory Ross Philpott was indicted by a Jefferson County grand jury on a charge of burglary in the first degree, a Class B felony, KRS 511.020, for which the maximum penalty is twenty...
Robertson v. Commonwealth - 4/25/2002
NOT TO BE PUBLISHED
MEMORANDUM OPINION OF THE COURT
AFFIRMING
I. INTRODUCTION
A McCracken Circuit Court jury convicted Appellant of murder, KRS 507.020, and recommended the maximum sentence of life imprisonment....
Commonwealth v. Morriss - 3/21/2002
AS AMENDED: MARCH 21, 2002
TO BE PUBLISHED
REVERSING
Appellee, Brett Morriss, was indicted on charges of murder, driving under the influence of intoxicants, first degree assault, fourth degree assault, first degree...
Bailey v. Commonwealth - 3/21/2002
TO BE PUBLISHED
REVERSlNG
Appellant, Mark Anthony Bailey, was indicted on March 8, 1999 for Operating a Motor Vehicle Under the Influence of Alcohol, Third Offense, with Breath Alcohol Level of .I8 or above; Operating a...
Commonwealth v. Hernandez-Gonzalez - 2/21/2002
PETITION FOR REHEARING, GRANTING PETITION FOR MODIFICATION DENIED AS MODIFIED: MAY 16, 2002
TO BE PUBLISHED
CERTIFICATION OF THE LAW BY JUSTICE GRAVES
Respondent, Fernando Hernandez-Gonzalez, was arrested for first...
Buchanon v. Commonwealth - 12/7/2001
VACATING AND REMANDING
David Buchanon entered a conditional plea of guilty to charges of first-degree possession of a controlled substance (methamphetamine), driving under the influence (DUI), possession of marijuana and...
Eldridge v. Commonwealth - 12/7/2001
ORDERED PUBLISHED: February 8, 2002
OPINION AFFIRMING
We have accepted discretionary review of an order of the Boyle Circuit Court affirming the ruling of the Boyle District Court that the results of a breath alcohol...
Fugate v. Commonwealth - 11/21/2001
TO BE PUBLISHED
AFFIRMING
On July 8, 1995, two people were killed and a third injured when their vehicle was struck head-on by another vehicle being operated in the wrong lane of travel by Appellant, Garroll Seldon Fugate....
Commonwealth v. Harris - 11/21/2001
TO BE PUBLISHED
REVERSING AND REMANDING
Appellant, Commonwealth of Kentucky Board of Claims, appeals from the April 6, 2000 decision of the McCracken Circuit Court remanding Appellee Harris's suit to the Board of Claims....
Cornelison v. Commonwealth - 8/23/2001
TO BE PUBLISHED
AFFIRMING CASE NO. 2000-SC-0646-DG and REVERSlNG CASE NO. 2000-SC-0813-TG
Inasmuch as these two cases were argued before the Court on the same day and involve an identical issue, this Court will resolve both...
Rowe v. Commonwealth - 7/6/2001
REVERSING AND REMANDING
Irvin C. Rowe has appealed from a judgment and sentence following a jury trial in the Calloway Circuit Court where he was convicted of assault in the second degree, operating a motor vehicle under the...
Love v. Commonwealth - 2/22/2001
AFFIRMING IN PART AND REVERSING IN PART
In the early morning hours of December 13, 1997, a three-car accident on Louisville's eastbound Watterson Expressway claimed the lives of two individuals and injured seven others. A jury...
City of Florence v. Chipman - 2/22/2001
AMENDED: FEBRUARY 26 2001
TO BE PUBLISHED
REVERSING
This appeal is from an opinion of the Court of Appeals which reversed and remanded a summary judgment in a wrongful death negligence claim against three Florence...
Matthews v. Commonwealth - 2/22/2001
TO BE PUBLISHED
AFFIRMING, IN PART, AND REVERSING, IN PART
Appellant, Jimmy Matthews, was convicted in the Jefferson Circuit Court of several drunk-driving related offenses. The jury convicted him of one count of...
Commonwealth v. Sharpe - 2/16/2001
REVERSING
Charles O. Sharpe (hereinafter appellee) was convicted in the Bell District Court following a bench trial for Driving under the Influence. On appeal, the Bell Circuit Court reversed the conviction on the ground that...
Johnson v. Commonwealth - 1/26/2001
AFFIRMING
Edward Johnson appeals the judgment and sentence entered on October 2, 1998, in the Warren Circuit Court convicting him of assault in the first degree. Having concluded that Johnson's plea of guilty to driving under...
Evans v. Commonwealth - 1/25/2001
TO BE PUBLISHED
OPINION OF THE COURT BY CHIEF JUSTICE LAMBERT
AFFIRMING
We granted discretionary review to decide whether a single jury instruction allowing a DUI conviction under alternative theories of criminal...
Myers v. Commonwealth - 1/25/2001
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE COOPER
REVERSING AND REMANDING
Appellant Donald Myers was indicted on one count of murder, eight counts of wanton endangerment in the first degree, one count of...
Foley v. Commonwealth - 11/22/2000
As amended October 25, 2001. The petition for rehearing is denied.
TO BE PUBLISHED
AFFIRMING
Following a 1994 trial by jury, Appellant Robert C. Foley was convicted and sentenced to death for the murders of Kim...
Putty v. Commonwealth - 11/16/2000
RENDERED: OCTOBER 26,2000
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
Appellant Bernard Keith Putty was convicted in the Hopkins Circuit Court of four counts of criminal solicitation of the murder of his...
Barker v. Commonwealth - 9/29/2000
AFFIRMING
As the result of an arrest for operating a motor vehicle under the influence of alcohol (DUI), Steven Barker was convicted in the Clark County Circuit Court of DUI, third offense (DUI III), which, by virtue of his...
Commonwealth v. Davis - 9/14/2000
RENDERED: AUGUST 24,2000
TO BE PUBLISHED
CERTIFYING THE LAW
Pursuant to CR 76.37(10), the Commonwealth seeks certification of the law on the following questions:
1) Is an Intoxilyzer result admissible in a...
Adams v. Commonwealth - 7/14/2000
VACATING AND REMANDING
These are two appeals from two judgments of conviction wherein the court determined that appellant was ineligible for probation under KRS 533.060(2) because the offenses were committed while appellant was...
Hyatt v. Commonwealth - 7/7/2000
AFFIRMING IN PART,
REVERSING IN PART AND REMANDING
William Keith Hyatt, Jr. appeals from an Anderson Circuit Court order classifying him as a high risk sex offender pursuant to Kentucky Revised Statute (KRS) 17.570. The...
Cornelison v. Commonwealth - 7/7/2000
TO BE PUBLISHED
OPINION AFFIRMING
Gilbert Cornelison appeals from the judgment of conviction entered by the Madison Circuit Court on July 28, 1999, for operating a motor vehicle while under the influence, third offense, a...
Robertson v. Commonwealth - 5/19/2000
TO BE PUBLISHED
C o m m o n w e a l t h O f K e n t u c k y C o u r t O f A p p e a l s
OPINION AFFIRMING
This is an Opinion Affirming the trial court's denial of a motion for directed verdict and jury verdict of...
Commonwealth v. Lopez - 10/21/1999
AMENDED: December 2, 1999
TO BE PUBLISHED
CERTIFYING THE LAW
The question presented for certification in this matter is framed by the county attorney as whether Combs v. Commonwealth, Ky., 965 S.W.2d 161 (1998), is...
Martinez v. Employers Insurance of Wausau - 10/8/1999
TO BE PUBLISHED
OPINION OF JULY 16, 1999 WITHDRAWN
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Appellants appeal from a summary...
Commonwealth v. Harrell - 9/23/1999
TO BE PUBLISHED
REVERSING
This Court granted discretionary review (CR 76.20) to consider whether a defendant may, for a single act involving multiple victims, be convicted of multiple crimes requiring different culpable...
Commonwealth v. Minix - 9/23/1999
RENDERED: September 23,1999
TO BE PUBLISHED
AFFIRMING. IN PART. AND REVERSING AND REMANDING IN PART
In May 1996, a Paintsville City Police Officer stopped Appellee, Jerry Minix, for running a stop sign. The officer...
Adkins v. Commonwealth of Kentucky - 8/27/1999
THE COURT OF APPEALS OF THE STATE OF KENTUCKY
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Timothy Adkins, (Adkins) appeals from the judgment of the Pike Circuit Court entered on May 27, 1997, that convicted him...
Commonwealth v. Alexander - 8/26/1999
AS MODIFIED: DECEMBER 16, 1999
TO BE PUBLISHED
REVERSING
William B. Alexander, a Sheriffs Deputy with the Fayette County Police Department, was convicted in the Fayette Circuit Court of reckless homicide for the death...
Farmer v. Commonwealth - 8/20/1999
TO BE PUBLISHED
OPINION AFFIRMING
The appellant, Gerald Scott Farmer (Farmer), appeals from the judgment of the Madison Circuit Court convicting him of reckless homicide and sentencing him to five years' imprisonment....
Commonwealth v. Williams - 6/4/1999
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION REVERSING AND REMANDING
The Commonwealth appeals an order of the Union Circuit Court dismissing its petition for a writ of prohibition. Having reviewed...
Commonwealth v. Wood - 6/4/1999
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION REVERSING AND REMANDING
The Commonwealth appeals from an order of the Warren Circuit Court suppressing evidence seized during a warrantless search of...
Commonwealth v. Garnett - 4/16/1999
REVERSING AND REMANDING
This is an appeal by the Commonwealth of Kentucky from a McCracken Circuit Court order granting John Garnett's motion to disallow the use of a 1991 conviction for operating a motor...
Justice v. Commonwealth of Kentucky - 12/17/1998
All concur.
OPINION OF THE COURT BY JUSTICE JOHNSTONE
AFFIRMING
Appellant, Carl William Justice, was convicted of First-Degree Assault and DUI. He was sentenced to twenty years' (20) imprisonment on the assault...
Commonwealth of Kentucky v. Hodges - 12/17/1998
All concur.
OPINION OF THE COURT
REVERSING
On the appeal by Kenneth G. Hodges from the Warren Circuit Court judgment entered pursuant to the jury verdict finding him guilty of D.U.I. fourth or subsequent offense...
Osborne v. Commeweatlh of Kentucky - 11/13/1998
RENDERED: November 13, 1998; 2:00 p.m. TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
APPEAL FROM MCCRACKEN CIRCUIT COURT HONORABLE RON DANIELS, JUDGE ACTION NO. 95-CR-000021
OPINION REVERSING AND REMANDING...
Commonwealth of Kentucky v. Howard - 6/18/1998
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER REVERSING CASE NO. 97-SC-764 and AFFIRMING CASE NO. 98-SC-06
These two consolidated cases were argued before the Court on the same day and involve the same issue. The Court,...
Williams v. Wilson - 4/16/1998
Graves, Lambert, Stumbo, Wintersheimer, JJ., and Special Justice Ronald P. Hillerich concur. Stephens, C.J., concurs with separate opinion. Cooper, J., Dissents by separate opinion.
OPINION OF THE COURT BY JUSTICE LAMBERT ...
Beatus v. Commonwealth - 3/20/1998
TO BE PUBLISHED
REVERSING AND REMANDING
This Court granted discretionary review of a McCracken Circuit Court order which affirmed the McCracken District Court conviction of Thomas Beatus (Beatus) for operating a commercial...
Combs v. Commonwealth of Kentucky - 3/19/1998
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER. All concur.
AFFIRMING
This appeal is from a decision of the Court of Appeals which upheld the use of a blood alcohol test in a DUI case which did not involve death or physical...
Newcomb v. Commonwealth - 3/6/1998
TO BE PUBLISHED
AFFIRMING
Michael Newcomb (Newcomb) appeals from a judgment of the Fayette Circuit Court finding him guilty of the offenses of operating a motor vehicle (OMV) while license is revoked or suspended for...
Richardson v. Appeal From Madison Circuit Court - 3/6/1998
TO BE PUBLISHED
AFFIRMING
Roy Dale Richardson brings this appeal from the final judgment of the Madison Circuit Court sentencing him to serve seven and one-half years on a conditional plea of guilty to the offenses of...
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