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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Jackson v. Commonwealth of Kentucky - 4/11/1991
Ronald T. Hurst, as real party in interest, appeals to this Court from an order of the Court of Appeals granting a Writ of Prohibition against Special Judge Edward Jackson. He contends that the Court of Appeals abused its discretion...
Wyatt v. Transportation Cabinet - 10/12/1990
This appeal arises from the Cabinet's revocation of Wyatt's driver's license for his refusal to submit to the breathalyzer test mandated by KRS 186.565(4). The Kenton Circuit Court affirmed the Cabinet's decision, since it was found to...
Commonwealth of Kentucky v. Tarter - 10/12/1990
The Transportation Cabinet, the appellant, asserts as error the decision of the Edmonson Circuit Court allowing Dennis Tarter, the appellee, to enroll in the state driver education program. The appellant argues that an individual...
Toppass v. Commonwealth of Kentucky - 9/28/1990
This is an appeal from a judgment and sentence of guilty on charges of D.U.I., Operating a Vehicle while License was Suspended for a violation of KRS 189A.010, Speeding, Improper Registration, and Improper Registration Plates....
Commonwealth of Kentucky Transportation Cabinet Department of Vehicle Regulation v. Cornell - 9/21/1990
The appellant appeals from the Bullitt Circuit Court's decision overturning appellant's decision to suspend the appellee's driver's license pursuant to KRS 186.565 for refusing to submit to a breathalyzer test.
On December 18,...
Commonwealth of Kentucky v. John Alan Self - 8/3/1990
The Commonwealth appeals from a judgment of the Bullitt Circuit Court dismissing the indictment of the appellee charging him with wanton endangerment in the first degree and unlawful transaction with a minor. The facts of this case...
Woods v. Commonwealth of Kentucky - 6/28/1990
Melvin Woods was charged and convicted in McCracken Circuit Court of two separate narcotics offenses: (1) "Trafficking in Schedule II Narcotic Controlled Substance [Cocaine], Second or Subsequent Offense," for which he was sentenced to...
McIntosh v. Commonwealth of Kentucky - 3/9/1990
CLAYTON JUDGE:
This appeal arises from the conviction of McIntosh for driving under the influence (DUI) in violation of KRS 189A.010(1). He alleges that his conviction violates constitutional and statutory proscriptions against...
Milburn v. Commonwealth of Kentucky - 12/21/1989
Opinion OF THE COURT BY JUSTICE LAMBERT
Appellant Charles C. Milburn was convicted in the Jefferson Circuit Court of wanton murder and two counts of first degree assault. Sentenced to a total of twenty years imprisonment,...
Sutton v. Transportation Cabinet - 4/7/1989
WILHOIT, JUDGE. The appellant Robert D. Sutton appeals from the trial court's denial of his summary judgment motion and dismissal of his claim.
The appellant was convicted of driving under the influence of intoxicants in the...
Hayden v. Commonwealth of Kentucky - 3/31/1989
BEFORE: McDONALD and WEST, Judges, and WHITE, Special Judge.
WEST, JUDGE. Discretionary review was granted from orders of the Fayette Circuit Court and the Daviess Circuit Court which had affirmed convictions of Morton Hayden and...
Suttle v. Commonwealth of Kentucky - 3/31/1989
MILLER, JUDGE. Rhyon W. Suttle appeals his conviction of driving under the influence (DUI), second offense (Kentucky Revised Statutes (KRS) 189A.010(2)(b)) obtained in the Simpson District Court. This was Suttle's first conviction...
Tipton v. Commonwealth of Kentucky - 3/24/1989
McDONALD, JUDGE. This matter is before us on discretionary review of a judgment of the Campbell Circuit Court in an appeal from a ruling of the Campbell District Court. The district court ruled that the Commonwealth could not admit the...
Asher v. Commonwealth of Kentucky - 12/29/1988
HAYES, JUDGE: This case is before the Court on discretionary review from a judgment entered in Fayette Circuit Court affirming a Fayette District Court judgment convicting Robert R. Asher of his second offense of driving under the...
Heath v. Commonwealth of Kentucky - 10/28/1988
HOWARD, JUDGE.
Discretionary review was granted in this case from the Graves Circuit Court to determine whether a farm tractor is a motor vehicle under Kentucky Revised Statutes (KRS) 189A.010 which would subject its driver to...
Crouch v. Jefferson County - 9/8/1988
Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS
The issues to be decided by this appeal are whether the de novo review of Brady v. Pettit, Ky., 586 S.W.2d 29 (1979), and City of Henderson Civil Service Commission v. Zubi, Ky.,...
Edgar E. Royalty v. Commonwealth of Kentucky - 5/13/1988
HAYES, JUDGE: Appellant was convicted in Breckinridge District Court for a third offense of operating a vehicle under the influence of intoxicants, KRS 189A.010(2)(c). His appeal to Breckinridge Circuit Court was affirmed and this...
Rogers v. Wilhelm-Olsen - 4/1/1988
COMBS, JUDGE. On October 10, 1984, appellant, with her two small children, was travelling west on Memorial Parkway near the intersection of Taylor Avenue outside of Newport, in Campbell County. At that time and place appellee,...
Commonwealth of Kentucky v. Bivins - 12/17/1987
This appeal is from an order denying discretionary review in the Court of Appeals.
Originally, the Commonwealth requested discretionary review from an order of the circuit court which reversed a jury verdict of the district court...
Commonwealth of Kentucky v. Ramsey - 11/5/1987
Opinion OF THE COURT BY JUSTICE WINTERSHEIMER
This appeal is from the Court of Appeals reversal of a circuit court judgment convicting Ramsey of receiving stolen property valued at over $100.
The specific question is...
Grayson Fraternal Order of Eagles v. Claywell - 9/24/1987
Opinion OF THE COURT BY JUSTICE LEIBSON
The issue in this case is whether and under what circumstances one may recover damages against a dram shop furnishing intoxicating liquor to a person actually or apparently under the...
Movant v. Commonwealth of Kentucky - 7/2/1987
Opinion OF THE COURT BY GANT
Movant was tried and convicted of driving a motor vehicle under the influence of alcohol and operating said vehicle on a suspended license. He was convicted by a Calloway District Court jury on both...
Commonwealth of Kentucky v. Dean - 7/2/1987
This case coming on to be heard on the motion of the Commonwealth of Kentucky for certification of the law of the following question:
Whether Transportation Cabinet's driving history records constitute evidence of suspension or...
Commonwealth of Kentucky v. Willis - 11/6/1986
Opinion OF THE COURT BY JUSTICE LEIBSON
The issue in both of these cases is whether a certified copy of the "Driving History Record" maintained by the Transportation Cabinet, Division of Driver Licensing, may be utilized as...
Keller v. Commonwealth of Kentucky - 10/10/1986
McDONALD, JUDGE:
On February 21, 1985, the appellant, Paul J. Keller, caused the death of another when he drove his vehicle head-on into the car operated by the victim. Keller was intoxicated at the time. On May 24, 1985, an...
J.H. v. Cabinet for Human Resources - 12/20/1985
McDONALD, JUDGE
The Fayette Circuit Court, by judgment based upon findings of fact, terminated the parental rights of B.C.H. and J.H., the natural parents of T.M.H., born October 6, 1976, S.L.H., born September 1, 1977, and...
Commonwealth of Kentucky v. Steiber - 9/26/1985
CERTIFICATION OF THE LAW OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
The single issue is whether a jury in a driving under the influence trial may be instructed that the defendant's operator's license is revoked upon conviction...
Marks v. Commonwealth of Kentucky - 8/30/1985
HOWERTON, JUDGE. Marks appeals from a judgment of the Jefferson Circuit Court convicting him of second-degree manslaughter and second-degree persistent felony offender. He was sentenced to 12 years in prison. Marks claims that the...
Crone v. Commonwealth of Kentucky - 11/30/1984
HOWARD, JUDGE. Appellant appeals his convictions for driving under the influence and no operator's license.
On October 21, 1982, the appellant, Glenn J. Crone, was arrested by the Dixie Police Authority for reckless driving,...
Bogard v. Commonwealth of Kentucky - 11/2/1984
DUNN, JUDGE. Bogard was cited for DUI by Steve Tolson, who had been hired by the City of Danville as a police officer. The Boyle County District Court dismissed the charges based on the fact that Tolson was not a qualified voter in...
Wilson v. Judicial Retirement and Removal Commission - 7/5/1984
Opinion OF THE COURT
Billy L. Wilson, a district judge, appeals from an order of the Judicial Retirement and Removal Commission which removed him from office for the remainder of his term.
Two charges were initiated...
Kentucky Unemployment Insurance Commission v. Stirrat - 3/2/1984
COOPER, Judge. This is an appeal from a judgment of the circuit court reversing a decision of the appellant, Kentucky Unemployment Insurance Commission, which held that the appellee was not entitled to unemployment insurance benefits....
Small v. Commonwealth of Kentucky - 5/22/1981
HOWARD, Judge.
Roosevelt Small appeals from an order revoking his shock probation. On February 20, 1979, he pled guilty to reckless homicide and received a sentence of five years. The Honorable Willard Paxton was the...
Gall v. Commonwealth of Kentucky - 9/2/1980
Opinion OF THE COURT
Eugene W. Gall, Jr., was convicted of murder and sentenced to death pursuant to the verdict of a jury under the two-stage trial procedure prescribed by KRS 532.025. In this appeal he advances many alleged...
Britt v. Commonwealth of Kentucky - 5/17/1974
PALMORE, Justice.
On the afternoon of December 18, 1972, an automobile occupied by Kenneth Arington and the appellant, H. C. Britt, Jr., struck and fatally injured a small boy on a street near the outskirts of Mayfield, Kentucky....
Commonwealth of Kentucky v. Richardson - 5/14/1971
CLAY, Commissioner.
This is an original proceeding by the Department of Public Safety requesting this court to prohibit the respondent judge from attempting to stay the action of the Department in suspending the operator's...
Timberlake v. Commonwealth of Kentucky - 2/19/1971
PALMORE, Judge.
The question in this case is whether the driver's license of the appellant, Gregg Timberlake, may be revoked under the authority of KRS 186.565 by reason of his alleged refusal to submit to a blood alcohol test...
Ballard v. Commonwealth of Kentucky - 1/29/1971
VANCE, Commissioner.
The appellant was found guilty of the offense of murder and sentenced to life imprisonment (KRS 435.010). The only question presented by this appeal is the admissibility into evidence of certain fire arms and...
Banks v. Department of Education - 1/15/1971
STEINFELD, Judge.
Elmer Banks was killed on April 5, 1968, when the automobile in which he was riding, for some unexplained reason, left the inside eastbound driving lane of the Mountain Parkway near Winchester, Kentucky,...
Marcum v. Commonwealth of Kentucky - 5/21/1965
MOREMEN, Chief Justice.
This is an appeal of three cases that were tried together in the Fayette Circuit Court on separate appeals from the Lexington Police Court.
On July 7, 1960, appellant's license to operate a motor...
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