DUI Cases Defended

COMMONWEALTH V. TW

Graves Circuit Court

ARRESTING AGENCY: KENTUCKY STATE POLICE

TROOPER'S OBSERVATIONS: Above was seen driving at a high rate of speed through Mayfield. Myself and unit unit 640 were at the BP on 45. When I exited the BP to conduct a traffic stop, above and another motorcycle turned onto Purchase Parkway Southbound and took off at a high rate of speed. I lost visual of both bikes and gave a description to Post. Graves County unit 8 found the motorcycles on The Parkway at exit 16 with two others driving at speeds in excess of 120 mph. Above was boxed in by unit 8 and stopped. Upon my arrival, I noticed an odor of alcohol coming from above. SFSTs were conducted. Results - HGN- lack of smooth pursuit; nystagmus at maximum deviation and prior to 45 degrees. WALK AND TURN - No balance during instruction phase, stopped walking, off line, used arms, wrong steps. Test stopped for safety. ONE LEG STAND - Sway, used arms, put foot down, test stopped for safety. Above's motorcycle did not have a reg plate. Above was seen by me kicking over someones motorcycle at the marathon on 45 in Mayfield. TW was also charged with felony criminal mischief.

OUTCOME: DURING AN EVIDENTIARY HEARING ON THIS CASE, THE TROOPER ADMITTED HE DID NOT SEE TW KICK OVER THE OTHER PERSON'S MOTORCYCLE. HE ALSO CHANGED HIS TESTIMONY ON OTHER ASPECTS OF THE CASE. DUI WAS DIVERTED ON THE CONDITION OF NO OTHER OFFENSES FOR TWO YEARS. NO FINE AND NO LOSS OF LICENSE. 

COMMONWEALTH V. MM

Graves District Court

ARRESTING AGENCY: KENTUCKY STATE POLICE

TROOPER'S OBSERVATIONS: Upon contact with the above a strong odor of an alcoholic beverage came from the vehicle. The above stated that he had a couple beers with dinner at the Star. Upon contact with the above a strong odor of an alcoholic beverage came from his person. STANDARDIZED FIELD SOBRIETY TESTS: HORIZONTAL GAZE NYSTAGMUS - lack of smooth pursuit, onset prior to 45 degrees and distinct nystagmus at 45 degrees; WALK AND TURN: missed steps 3, 7, 8, 5,6,7,8,9, used arms for balance; WALK AND TURN - put foot down at 10 and 14; did not complete.

CHEMICAL TEST RESULTS: .179 BREATH TEST

OUTCOME: I FILED A MOTION TO SUPPRESS ALL EVIDENCE BECAUSE THERE WAS NO PROBABLE CAUSE FOR THE STOP. THE TROOPER'S TESTIMONY WAS VAGUE AND DIDN'T HOLD UP UNDER CROSS EXAMINATION. PROSECUTOR AMENDED THE DUI SECOND OFFENSE TO A NON-MOVING VIOLATION. MM PAID AND SMALL FIND AND DID NOT LOSE HIS LICENSE. 

COMMONWEALTH V. MH

McCracken District Court

ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “DRIFTING FROM RIGHT TO LEFT IN HIS LANE.  CLOSE TO HITTING THE CURB ON MORE THAN ONE OCCASION.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “VIOLATOR WAS ABLE TO SUCCESSFULLY COMPLETE SOME BUT FAILED THE “WALK & TURN”, “FINGER COUNT”, & THE “BACKWARD COUNT”.

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

JURY VERDICT: NOT GUILTY AFTER DELIBERATING FOR LESS THAN FIVE MINUTES.

COMMONWEALTH V. BC

Ballard District Court

ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING: “RAN STOP SIGN.  ON FOG LINE TWICE.  WIDE TURN ON FOG LINE PULLING ONTO US 60.”

PHYSICAL SYMPTOMS: “STRONG SMELL ALCOHOLIC BEVERAGE ON VIOLATOR'S BREATH.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “HGN— FAILED.  ONE LEG STAND: VIOLATOR SAID COULD NOT DO FOR MEDICAL REASONS.  WALK AND TURN—FAILED (NO HEEL TO TOE, FEET NOT STRAIGHT, LOSS OF BALANCE AND SIDE STEP).  REFUSED PORTABLE BREATH TEST.”

CHEMICAL TEST RESULTS:  “READ IMPLIED CONSENT AT JAIL.  SLOW REACTION.  SLURRED SPEECH. REFUSED BREATH TEST.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. TB

McCracken District Court

ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “STOPPED AT SOBRIETY CHECKPOINT.”

PHYSICAL SYMPTOMS: “SUBJECT HAD ODOR OF ALCOHOL ON BREATH AND SLURRED SPEECH.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “SUBJECT FAILED FIVE FIELD SOBRIETY TESTS.  ABC'S:  MISSED LETTER.  123'S...COUNTING SAME NUMBERS.  ONE LEG STAND:  DOWN ON 12.  HEEL TO TOE:  DID NOT TOUCH.  PRELIMINARY BREATH TEST: ABOVE LIMIT.”

CHEMICAL TEST RESULTS: REFUSED BREATH TEST.

RESULT: PRE-TRIAL MOTION TO SUPPRESS FILED TO EXCLUDE ALL EVIDENCE BECAUSE OF ILLEGAL SOBRIETY CHECKPOINT.  KENTUCKY STATE POLICE AND PPD HAD INITIALLY SET UP A LEGAL SOBRIETY CHECKPOINT BUT IT WAS CALLED OFF BY KSP AFTER RAIN.  PPD, WITH NO ESTABLISHED SOBRIETY CHECKPOINT GUIDELINES, SET UP AN UNLAWFUL ROADBLOCK.  JUDGE RULED IN FAVOR OF DEFENSE MOTION AND CASE WAS DISMISSED.

COMMONWEALTH V. RMG

McCracken District Court


ARRESTING AGENCY: McCRACKEN COUNTY DEPUTY SHERIFF.

DRIVING: “SPEEDING.. .55 IN 35 MPH ZONE.”

PHYSICAL SYMPTOMS: “SMELLED STRONGLY OF ALCOHOLIC BEVERAGE.  EYES VERY RED & GLASSY.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED BACK COUNT OF 89-67 (SKIPPED 73 STARTED TO 74, STOPPED AND THEN WENT TO 67).  FAILED ONE LEG STAND:  COULD NOT BALANCE WHILE LISTENING TO INSTRUCTIONS; FOOT DROPPED SEVERAL TIMES; HOPPED AND SWAYED; USED ARMS FOR BALANCE.  FAILED WALK AND TURN:  (FELL OFF LINE TIMES TWO; GOING UP ONLY TOUCHED HEEL TO TOE TWICE; FELL OFF LINE ONCE; GOING BACK BUT NEVER TOUCHED HEEL TO TOE).  FAILED HGN.”

CHEMICAL TEST RESULTS: SUBMITTED TO BREATH TEST BUT MACHINE OUT OF TOLERANCE.  REFUSED BLOOD TEST.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. KPH

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “OBSERVED WEAVING IN THE ROADWAY WESTBOUND ON IRVIN COBB DRIVE.  CROSSED CENTER LINE 5 TIMES A DISTANCE OF APPROXIMATELY 2 FEET.”

PHYSICAL SYMPTOMS: “STRONG SMELL OF ALCO. BEV. ON BREATH.  SLURRED SPEECH & STAGGERED WALK.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED
FIELD SOBRIETY TESTS: HGN (KEPT MOVING HEAD AND
CONSIDERABLE JERKING OF EYES).  6 INCH LEG LIFT (PUT RIGHT FOOT DOWN 3 TIMES & USED ARMS FOR BALANCE.  COULD NOT COMPLETE ENTIRE TEST); TOE TO HEEL TEST (STEPPED OFF LINE 5 TIMES & SWAYING OF BODY & ARMS FOR BALANCE).”

CHEMICAL TEST RESULTS: 0.103 BREATH ALCOHOL CONTENT ON INTOXILYZER.

RESULT: MOTION TO SUPPRESS INTOXILYZER RESULT GRANTED.  POLICE HAD KEPT USING THE MACHINE INSTEAD OF CALLING THE TECHNICIAN TO REPAIR IT AFTER IT HAD GONE OUT OF TOLERANCE. AMENDED TO RECKLESS DRIVING ($50.00 FINE).  NO LOSS OF LICENSE.

COMMONWEALTH V. JRW

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “SUBJECT PULLED OUT IN FRONT OF ANOTHER VEHICLE AT 14th AND JEFFERSON ST.  SUBJECT BRUSHED CURB AT 14th AND BROADWAY.

PHYSICAL SYMPTOMS: “STRONG ODOR OF ALCOHOL.  UNSTEADY ON FEET.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED 4 SOBRIETY TEST (SIC)  ONE-LEG-STAND:   RAISED ARMS/DROPPED FOOT TWICE/LOST COUNT TWICE/ SWAYED.  WALK-AND-TURN:   NOT HEEL TO TOE/SIDE
STEPPED.  HORIZONTAL GAZE NYSTAGMUS:  ALL 6 POINTS.  PRELIMINARY BREATH TEST:  FAILED.”

CHEMICAL TEST RESULTS: 0.126 BREATH ALCOHOL CONTENT ON INTOXILYZER.

RESULT: MOTION TO SUPPRESS INTOXILYZER RESULT FILED AND GRANTED.  POLICE KEPT USING THE MACHINE INSTEAD OF CALLING THE TECHNICIAN TO REPAIR IT AFTER IT HAD GONE OUT OF TOLERANCE.  AMENDED TO RECKLESS DRIVING ($50.00 FINE).  NO LOSS OF LICENSE.

COMMONWEALTH V. RP

McCracken District Court


ARRESTING AGENCY: McCRACKEN COUNTY SHERIFF'S DEPARTMENT.

DRIVING: “SUBJECT CLOCKED SPEEDING 64 IN 45 ZONE.  WENT OVER IN OTHER LANE ALMOST HITTING SOMEONE HEAD ON.”

PHYSICAL SYMPTOMS: “VERY STRONG ODOR OF ALCOHOL.  EYES VERY GLASSY.  SUBJECT STATED PAINT FUMES WAS THE PROBLEM.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “ALPHABET COUNT:  MISSED P & Q IN ON & ON.  67 TO 45:  FAILED IMMEDIATELY.  WALK & TURN:  COULD NOT FOLLOW INSTRUCTIONS.  ONE LEG
STAND:  COULD NOT HOLD LEG UP.”

CHEMICAL TEST RESULTS: 0.151 BREATH ALCOHOL CONTENT ON INTOXILYZER.

RESULT: DIRECTED VERDICT IN FAVOR OF DEFENDANT GRANTED AFTER THE PROSECUTION RESTED ITS CASE.  ON CROSS-EXAMINATION, HONEST OFFICER, TRAINED BY CMI AS INTOXILYZER TECHNICIAN, ADMITTED THAT A SUBSTANCE IN PAINT COULD EFFECT THE BREATH TEST RESULTS.  OFFICER ADMITTED PAINT SPILLAGE IN DEFENDANT'S TRUCK.  OFFICER ALSO ADMITTED DEFENDANT HAD INFORMED HIM OF HIS MULTIPLE PHYSICAL PROBLEMS.  PAID $38.00 SPEEDING FINE.

COMMONWEALTH V. SC

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “SUBJECT WEAVING ACROSS LINE INTO OUTSIDE LANE.  MADE VERY WIDE TURN ONTO HUSBANDS ROAD”.

PHYSICAL SYMPTOMS: “SMELLED OF ALCOHOL, EYES BLOODSHOT.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “ONE LEG STAND:   WENT FROM #8 BACK TO #5 UP TO #12 BACK TO #5 BEFORE LOSING BALANCE; TOUCHING FOOT & STATING CAN'T DO TEST.  WALK AND TURN:  PASSED.  HORIZONTAL GAZE NYSTAGMUS:  FAILED.”

CHEMICAL TEST RESULTS: .157 BREATH ALCOHOL CONTENT ON INTOXILYZER.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. DGE

McCracken District Court


ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING: “SPEEDING GOING 65 IN 55.  CROSSED CENTER LINE 3 TIMES WEAVING ONTO FOG LINE.

PHYSICAL SYMPTOMS: NONE NOTED ON CITATION.

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED 3 FIELD SOBRIETY TESTS: HORIZONTAL GAZE NYSTAGMUS:  2/6.  ONE-LEG-STAND:  ARMS UP, HOPPING, FELL ON 17, 25 ON RUSHED NOT BY THOUSANDTHS.  THEN STATED HAD BAD KNEES.  NOSE TOUCH:   SWAYING, SECOND KNUCKLE TO TOP LIP.  WALK-AND-TURN:  FELL ON STAND, ARMS UP WEAVING NOT HEEL TO TOE; PRELIMINARY BREATH TEST:  0.06 AND REQUESTED BLOOD.  SAID HE WOULD TAKE BLOOD BUT WOULDN'T SIGN BAPTIST ER RELEASE.  THEY WOULDN'T TAKE BLOOD.”

CHEMICAL TEST RESULTS: LESS THAN .01 BLOOD ALCOHOL AND NO DRUGS ON INDEPENDENT TEST.

RESULT: CASE DISMISSED INCLUDING SPEEDING. EDWARDS CALLED ATTORNEY COINER FROM JAIL MINUTES AFTER LEAVING HOSPITAL.  ATTORNEY CALLED JUDGE AND OBTAINED EDWARDS' RELEASED WITHIN AN HOUR.  ATTORNEY TOOK EDWARDS TO HOSPITAL FOR INDEPENDENT BLOOD TEST.  (THIS IS NOT A NORMAL CASE.  ATTORNEY WAS ABLE TO QUICKLY OBTAIN EDWARDS' RELEASE FOR THE INDEPENDENT BLOOD TEST.  DO NOT COUNT ON THIS HAPPENING IN YOUR CASE.  ATTORNEY ALSO VIDEOTAPED A CONVERSATION WITH EDWARDS TO COUNTER THE OFFICER'S ALLEGATION OF SLURRED SPEECH.)

COMMONWEALTH V. BKN

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “OBSERVED VEHICLE TRAVELING AT SLOW SPEED EAST BOUND ON PARK AVE.  THE DRIVER STARTED TO TURN INTO THE COASTAL MART APPARENTLY MISTAKING IT FOR NORTH 32nd STREET.  AFTER TURNING THE VEHICLE TOUCHED THE RIGHT SIDE LINE.”

PHYSICAL SYMPTOMS: “HE BECAME ARGUMENTATIVE.  HE HAD AN ODOR OF INTOXICANTS ABOUT HIS BREATH AND PERSON.

PERFORMANCE ON FIELD SOBRIETY TESTS:  HE DISPLAYED DISTINCT NYSTAGMUS--EXHIBITING 6 CLUES AND VERTICAL.  HE PERFORMED FAIRLY WELL ON ONE-LEG STAND, BUT WOULD NOT PROPERLY PERFORM (HEAD UP, LEANED BACK).  REFUSED PRELIMINARY BREATH TEST & BREATH TEST”.

CHEMICAL TEST RESULTS: REFUSED ALL THREE TESTS.

RESULT: DUI SECOND OFFENSE AMENDED TO RECKLESS DRIVING ($100.00 FINE).  PROSECUTOR AND POLICE AGREED TO DROP REFUSAL CHARACTERIZATION AND STATED ON THE RECORD THAT THE CASE WAS NOT STRONG ENOUGH TO SUSTAIN A CONVICTION.

COMMONWEALTH V. RH

McCracken District Court


ARRESTING AGENCY:  McCRACKEN COUNTY SHERIFF'S DEPARTMENT.

DRIVING: “VEHICLE CROSSED CENTER LINE TIMES 2.  TAPPED TIMES TWO AND HIT FOG LINE ONCE AND BEGAN WEAVING IN HIS LANE OF TRAFFIC.”

PHYSICAL SYMPTOMS: “SMELLED STRONGLY OF ALCOHOLIC BEVERAGE.  EYES RED & GLASSY & SQUINTING.”

PERFORMANCE ON FIELD SOBRIETY TESTS: FAILED 89-67 BACKWARD COUNT.  (DID WELL UNTIL 70 GOING DOWN.  BEGAN SKIPPING NUMBERS AND COUNTING FORWARD & BACKWARD).  FAILED ONE LEG STAND (SWAYS WHILE BALANCING.  USED ARMS TO BALANCE.  PUTS FOOT DOWN).  SUBJECT PASSED WALK AND TURN.  (ONLY AREA MISSED WAS COULD NOT KEEP BALANCE WHILE LISTENING TO INSTRUCTIONS).  FAILED HORIZONTAL GAZE NYSTAGMUS:  ALL 6 AREAS SHOW
NYSTAGMUS (DISTINCT).  REFUSED PRELIMINARY BREATH TEST.”

CHEMICAL TEST RESULTS: .105 BREATH ALCOHOL ON INTOXILYZER.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. TCB

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “MADE LEFT HAND TURN IN FRONT OF A ON COMING VEHICLE.”

PHYSICAL SYMPTOMS: “BLOODSHOT EYES AND SMELL OF ALCOHOLIC BEVERAGE ON BREATH.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “FAILED
TEST (1) ONE LEG STAND:  PUT FOOT DOWN AT THE COUNT OF 1003 AND THEN TRIED AGAIN AND SKIPPED NUMBERS.  (2) TOUCHING NOSE:  UNSTEADY BALANCE AND TOUCHED SIDE OF NOSE.  (3) COUNTING BACKWARDS:  100-72 SKIPPED NUMBERS.  (4) HEEL TO TOE:  DID NOT WALK HEEL TO TOE.  LOST BALANCE AND DID NOT TURN PROPERLY.  OFFICER ESTES DID HGN TEST.  NO TRACKING.  PRELIMINARY BREATH TEST GIVEN SHOWED ALCOHOL PRESENT.”

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

RESULT:  AMENDED TO WANTON ENDANGERMENT
SECOND DEGREE ($200.00 FINE AND NO LOSS OF LICENSE).  BEFORE SUPPRESSION HEARING OFFICER ADMITTED NOT KNOWING PROPER FIELD SOBRIETY TEST PROCEDURES AND AGREED TO REDUCTION IN CHARGE.

COMMONWEALTH V. MT

Ballard District Court
(SECOND OFFENSE)


ARRESTING AGENCY: BALLARD COUNTY SHERIFF'S DEPARTMENT.

DRIVING: “CAIRO P.D. GOT HIM STOPPED IN BALLARD CO.”

OFFICER'S OBSERVATIONS:  “UPON ARRIVAL ABOVE PERSON HAD A STRONG SMELL OF ALCOHOL ON HIS BREATH, WAS STAGGERING AROUND.  CAIRO ADVISED DEPUTY HE WAS AT BAR ALL AFTERNOON.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “ABOVE PERSON REFUSED TO TAKE ANY AT ALL.”

CHEMICAL TEST RESULTS: REFUSAL.

RESULT:  JUDGE GRANTED MOTION TO DISMISS FOR LACK OF PROBABLE CAUSE AFTER HEARING IN WHICH TWO CAIRO OFFICERS DID NOT CORROBORATE THE BALLARD DEPUTY SHERIFF'S VERSION OF THE EVENTS.  BALLARD DEPUTY SHERIFF DID NOT SHOW FOR THE HEARING DESPITE BEING SUPOENAED.

COMMONWEALTH V. BGH

Carlisle District Court


ARRESTING AGENCY: CARLISLE COUNTY SHERIFF'S OFFICE (NOW WITH THE KENTUCKY STATE POLICE).

DRIVING: SPEEDING:  73 IN A 55 MPH ZONE.

OFFICER'S OBSERVATIONS:  “STRONG SMELL OF AN ALCOHOLIC BEVERAGE ON HER BREATH.  ADVISED SHE HAD TWO DRINKS.”

PERFORMANCE ON FIELD SOBRIETY TESTS: ONE LEG STAND:  “FAILED TO KEEP HER BALANCE, KEPT PUTTING HER HAND ON TRUCK.”  WALK AND TURN: “STEPPED OFF THE LINE SEVERAL TIMES.  BOTH TESTS WERE GIVEN TWICE.”

CHEMICAL TEST RESULTS:  0.11 ON INTOXILYZER.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. PK

McCracken District Court
DUI SECOND OFFENSE


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “VEHICLE PULLED UP TO SCENE OF ANOTHER DUI STOP.  SLURRED SPEECH.  CLEARLY DRUNK.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED HORIZONTAL GAZE NYSTAGMUS:  6/6; ONE LEG STAND:  FELL OFF BALANCE 3 TIMES; FIRST TWO TIMES AT EARLY COUNT.  WALK AND TURN:  NOT FOLLOW DIRECTIONS ON STANDING DURING EXPLANATION; MISSED TOE TOUCHES.  DURING TURN AROUND VIOLATOR LOST BALANCE-STUMBLED AROUND.  TEST PERFORMED BADLY.”

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

RESULT: AMENDED TO WANTON ENDANGERMENT SECOND DEGREE. NO LOSS OF LICENSE. NO JAIL TIME.

COMMONWEALTH V. BLC

McCracken District Court
DUI FIRST (DRUGS)


ARRESTING AGENCY:  McCRACKEN COUNTY SHERIFF'S DEPARTMENT.

DRIVING: “SPEEDING 75 IN 55.  HE ALSO STATED THAT HE HAD SMOKED ABOUT 4 JOINTS THIS MORNING.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “MR. C WAS VERY UNSTABLE ON HIS FEET.”

CHEMICAL TEST RESULTS:  URINE.

RESULT:  AMENDED TO RECKLESS DRIVING AFTER AGREEMENT WITH ARRESTING OFFICER.  NO JAIL.  NO LOSS OF LICENSE.

COMMONWEALTH V. BRM

Marshall District Court


ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING: “FAILED TO DIM HEADLIGHTS.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “FAILED 3 FIELD TESTS (HORIZONTAL GAZE NYSTAGMUS, ONE LEG STAND & WALK AND TURN).  STRONG ODOR OF MARIJUANA ON BREATH/SLURRED SPEECH.  BLOODSHOT EYES.  SAID HE SHARED A JOINT EARLIER WITH FRIENDS.”

CHEMICAL TEST RESULTS: CANNABINOID METABOLITES PRESENT IN URINE.

RESULT:  URINE SAMPLES TAKEN TWO HOURS AND FIFTEEN MINUTES APART.  MOTION TO SUPPRESS URINE TEST RESULTS GRANTED.  CHARGE AMENDED TO CARELESS DRIVING.  $97.50 FINE.  NO LOSS OF LICENSE.

COMMONWEALTH V. DAW

McCracken District Court
(THIRD OFFENSE)


ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING: “FAILED TO USE TURN SIGNAL.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “UPON FIRST CONTACT WITH VIOLATOR SMELLED STRONG ODOR OF ALCOHOLIC BEVERAGE COMING FROM BREATH.  HORIZONTAL GAZE NYSTAGMUS:  FAILED ALL SIX POSITIONS.  WALK AND TURN:  TOO INTOXICATED TO PERFORM.  ONE LEG STAND:  TRIED BUT TOO INTOXICATED TO PERFORM.  PRELIMINARY BREATH TEST:  FAILED (0.151).”

CHEMICAL TEST RESULTS: INTOXILYZER RESULT: 0.187.

JURY VERDICT: HUNG JURY.  AMENDED TO WANTON ENDANGERMENT SECOND DEGREE (NON-MOVING VIOLATION).  NO LOSS OF LICENSE.

COMMONWEALTH V. JTD

McCracken District Court


ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT.

DRIVING: “SPEEDING:  CLOCKED BY RADAR DRIVING 62 MPH IN A 45 MPH ZONE.”

SIGNS OF INTOXICATION AND PERFORMANCE ON FIELD SOBRIETY TESTS:  “SUBJECT HAD SMELL OF ALCOHOLIC BEVERAGE ON BREATH.  BLOODSHOT EYES.  OPEN COLD BUD LIGHT IN CONSOLE.  TOLD OFFICER HE HAD HAD 2-3 DRINKS.  STATED HE COULD NOT DO ONE-LEG STAND OR WALK-AND-TURN DUE TO KNEE INJURY.  (1) HORIZONTAL GAZE NYSTAGMUS:  FAILED 6 PTS.  (2) PRELIMINARY BREATH TEST SHOWED ALCOHOL PRESENT: 0.125.  FRIENDS IN VEHICLE SAID THEY TOLD HIM NOT TO DRIVE.”

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

PRE-TRIAL MOTIONS:  PRELIMINARY BREATH TEST SUPPRESSED BECAUSE OFFICER FAILED TO WAIT 15 MINUTES; COURT RULED NO MENTION COULD BE MADE OF DEFENDANT'S REFUSAL TO PERFORM FIELD SOBRIETY TESTS.

VERDICT:  JUDGE GRANTED DIRECTED VERDICT OF ACQUITTAL.

COMMONWEALTH V. LBM

McCracken District Court


ARRESTING AGENCY: MOTOR VEHICLE ENFORCEMENT OFFICER AT ROAD BLOCK.

DRIVING: ROAD BLOCK CASE:  “COULD NOT FOLLOW INSTRUCTIONS TO PARK.”  DEFENDANT WAS HISPANIC.

PERFORMANCE ON FIELD SOBRIETY TESTS:  REFUSED ALL TESTS.

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

RESULT: MOTION TO SUPPRESS EVIDENCE BECAUSE OF UNCONSTITUTIONAL ROAD BLOCK GRANTED.  PADUCAH POLICE DEPARTMENT CHIEF OF POLICE TESTIFIED THERE WAS NO CONNECTION BETWEEN TRAFFIC ACCIDENTS AND DUIs TO LOCATION OF ROAD BLOCK.  CASE DISMISSED.

COMMONWEALTH V. RBS

Graves District Court
(THIRD OFFENSE)


ARRESTING AGENCY: MAYFIELD POLICE DEPARTMENT

DRIVING: “CLOCKED DRIVING 42 MPH IN A POSTED 25 MPH ZONE.”

OFFICER'S OBSERVATIONS: “UPON MY APPROACH TO THE VEHICLE, I SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ABOUT MR. SMITH'S PERSON AND NOTICED HIS EYES WERE BLOODSHOT.  HE ADVISED ME THAT HE HAD BEEN DRINKING.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “HE MISS (SIC) COUNTED ON THE FINGERCOUNT, PUT HIS FOOT DOWN ON THE ONE-LEGGED STAND, AND STUMBLED AND DID NOT TOUCH HEEL TO TOE ON THE WALK AND TURN.  MR. SMITH ALSO HAD TO USE HIS ARMS TO BALANCE HIMSELF ON ONE LEG STAND AND WALK AND TURN.”

CHEMICAL TEST RESULTS: 0.11 ON INTOXILYZER.

JURY VERDICT: NOT GUILTY.  DEFENDANT TESTIFIED HE HAD BEEN PAINTING ALL DAY.  EXPERT WITNESS USED TO SAY INGREDIENT IN PAINT (TOLUENE) AFFECTS INTOXILYZER.

COMMONWEALTH V. KTT

McCracken District Court
(THIRD OFFENSE)


ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING:  “SUBJECT CAME INTO BP GAS STATION TO GET SOME ITEMS.  (OFFICER) WAS BEHIND COUNTER.  I OBSERVED SUBJECT UNZIP HIS PANTS AT THE COUNTER AND OPENED HIS BRITCHES TUCKING IN HIS SHIRT.  THE CASHIER LINDA DID SAY HE ASKED PERMISSION TO TUCK HIS SHIRT IN AND SHE SAID NO PROBLEM.  SHE DIDN'T REALIZE HE WAS GOING TO PULL HIS BRITCHES OPEN.”

OFFICER'S OBSERVATIONS:  “I THEN DETECTED A STRONG ODOR OF ALCOHOL ABOUT HIM.  I THEN ASKED HIM TO COME OUTSIDE AND HE WENT TOWARDS HIS VEHICLE TO GET IT AND I STOPPED HIM.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED.”

CHEMICAL TEST RESULTS: REFUSED BREATH TEST.

RESULT:  MOTION TO SUPPRESS FILED.  BASED ON NO EVIDENCE OF DRIVING, PROSECUTOR AND OFFICER AGREED TO AMEND CHARGE TO DISORDERLY CONDUCT.

COMMONWEALTH V. LH

Hickman District Court
(SECOND OFFENSE)


ARRESTING AGENCY: CLINTON POLICE DEPARTMENT.

DRIVING: “SQUEAL(ED) TIRES AND RAN STOP SIGN.”

OFFICER'S OBSERVATIONS:  “SMELL ALCOHOL ON SUBJECT'S BREATH.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “0.140 PRELIMINARY BREATH TEST.”

CHEMICAL TEST RESULTS: REFUSAL.

RESULT:  MOTION TO SUPPRESS PRELIMINARY BREATH TEST RESULT SUSTAINED.  DUI SECOND CHARGE AMENDED TO WANTON ENDANGERMENT SECOND.  NO FINE.  NO JAIL.  OPERATOR'S LICENSE REINSTATED.

COMMONWEALTH V. FFF

Livingston District Court


ARRESTING AGENCY: KENTUCKY STATE POLICE.

DRIVING: “STOPPED AT ROADCHECK” IN LIVINGSTON COUNTY.

OFFICER'S OBSERVATIONS: “UPON APPROACHING SUBJECT HE HAD A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEV. UPON HIS PERSON.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  HORIZONTAL GAZE NYSTAGMUS:  NYSTAGMUS PRIOR TO 45 DEGREES; NO SMOOTH PURSUIT; NYSTAGMUS AT MAXIMUM DEVIATION; BLOODSHOT.  WALK AND TURN: MISSED HE TO TOE THREE TIMES; STUMBLED ON
TURN.  PRELIMINARY BREATH TEST: MORE THAN .10.”

CHEMICAL TEST RESULTS: 0.126 ON INTOXILYZER.

RESULT: MOTION TO SUPPRESS FILED BASED ON IMPROPER ROAD BLOCK.  JUDGE AGREED.  ALL EVIDENCE SUPPRESSED. CASE DISMISSED.

COMMONWEALTH V. JCS

Graves District Court
(SECOND OFFENSE)


ARRESTING AGENCY: KENTUCKY STATE POLICE ARRESTED DEFENDANT AFTER BALLARD COUNTY DEPUTY SHERIFF STOPPED HIM IN GRAVES COUNTY.

DRIVING: “DRIVING ERRATICALLY, CROSSING THE YELLOW LINE COMPLETELY, AND OVER HALF HIS TRUCK WAS GOING OVER THE LINE.”

OFFICER'S OBSERVATIONS: “ODOR OF AN ALCOHOLIC BEVERAGE ON BREATH. SUBJECT ADMITTED TO HAVE BEEN DRINKING.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “HORIZONTAL GAZE NYSTAGMUS:  NO SMOOTH PURSUIT—JERKING.  WALK AND TURN:  REFUSED.  ALCOHOLIC BEVERAGE IN VEHICLE.”

CHEMICAL TEST RESULTS: 0.181 ON INTOXILYZER.

RESULT:  MOTION FILED TO SUPPRESS ALL
EVIDENCE BASED ON ILLEGAL STOP BY BALLARD COUNTY DEPUTY SHERIFF IN GRAVES COUNTY.  MOTION GRANTED. CASE DISMISSED.

COMMONWEALTH V. JTP

McCracken District Court


ARRESTING AGENCY:  PADUCAH POLICE DEPARTMENT.

DRIVING:  “73 MPH IN 45 MPH ZONE.”

OFFICER'S OBSERVATIONS:  “I NOTICED THE ODOR OF ALCOHOL ABOUT THE ABOVE.  HE ADVISED HE HAD SOMETHING TO DRINK ABOUT 2100 HRS.”

PERFORMANCE ON FIELD SOBRIETY TESTS: “FAILED 3 SOBRIETY TESTS, REFUSED PRELIMINARY BREATH TEST AND BREATH TEST.

CHEMICAL TEST RESULTS: REFUSED.

RESULT:  AFTER SUPPRESSION HEARING DURING WHICH OFFICER TESTIFIED DEFENDANT RAISED ARMS ONCE AND PUT FOOT DOWN ONCE ON ONE LEG STAND; TOOK 10 STEPS INSTEAD OF NINE ON WALK AND TURN AND MISSED HEEL-TO-TOE TWICE ON WALK AND TURN, WEAK CASE BECAME WEAKER WHEN POLICE “LOST” VIDEOTAPE.  DEFENDANT PLEADED TO WANTON ENDANGERMENT SECOND DEGREE (A NON-MOVING MISDEMEANOR), PAID $200.00 FINE AND DID NOT LOSE LICENSE.

COMMONWEALTH V. MW

McCracken District Court

DUI FIRST OFFENSE

ARRESTING AGENCY:  PADUCAH POLICE DEPARTMENT

DRIVING:  OVER CENTER LINE.  TOO CLOSE TO OUTER LANES ON INTERSTATE 24.

OFFICER'S OBSERVATIONS:  “COULD SMELL ALCOHOLIC BEVERAGE ON HIS PERSON.”  “SLURRED SPEECH AND DELAYED REACTIONS TO QUESTIONS.”

NO FIELD SOBRIETY TESTS CONDUCTED BECAUSE OF LOCATION OF STOP.

CHEMICAL TEST RESULTS:  0.171 BREATH ALCOHOL CONTENT ON INTOXILYZER

JURY VERDICT:   NOT GUILTY. MV WAS BORN WITH A CLEFT PALATE. HE ENDURED MANY SURGERIES THROUGHOUT HIS LIFE TO CORRECT THE PROBLEM. HE'D WORN DENTURES HIS WHOLE LIFE. THE BACK OF THE TOP DENTURES CONTAINED SO MANY CRATERS IT LITERALLY LOOKED LIKE THE DARK SIDE OF THE MOON. A DENTIST WAS EMPLOYED TO MAKE A MODEL OF MW'S DENTURES SO THE JURY COULD SEE THAT ALCOHOL COULD BE TRAPPED BETWEEN THE DENTURES AND THE ROOF OF MW'S MOUTH. AN EXPERT WITNESS ALSO TESTIFIED THE TRAPPED ALCOHOL WOULD AFFECT THE INTOXILYZER RESULT.

COMMONWEALTH V. SW

McCracken District Court

DUI FIRST OFFENSE

ARRESTING AGENCY:  PADUCAH POLICE DEPARTMENT   DRIVING:  “OBSERVED THE DRIVER CROSS THE CENTER LINE THREE TIMES.”

OFFICER'S OBSERVATIONS:  “COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE.”  “COULD STILL SMELL THE ALCOHOL AFTER [S.W.] EXITED THE VEHICLE.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “HGN—ALL SIX CLUES; WAT—USED ARMS FOR BALANCE, STEPPED OFF LINE, IMPROPER TURN, MISSED-HEEL-TO-TOE; OLS—DROPPED FOOT TWICE, USED ARMS FOR BALANCE.”

CHEMICAL TEST RESULTS:  REFUSED ALL TESTS.

RESULT:   AMENDED TO NON-DUI, NON-MOVING VIOLATION MISDEMEANOR (FINE, NO LOSS OF LICENSE, NO JAIL).

COMMONWEALTH V. RAA

McCracken District Court

DUI FIRST OFFENSE

ARRESTING AGENCY:  PADUCAH POLICE DEPARTMENT

DRIVING:  PULLED VEHICLE INTO GAS STATION PARKING LOT AND LEANED OVER FEMALE PASSENGER .  OFFICER ATTEMPTED STOP IN PARKING LOT.  VEHICLE PULLED OUT OF PARKING LOT ONTO ROADWAY AND WAS STOPPED THEREAFTER.

OFFICER'S OBSERVATIONS:  “STRONG SMELL OF ALCOHOLIC BEVERAGE.”  “STATED HE HAD NOT BEEN DRINKING AND HAD PICKED UP HIS WIFE FROM A CHRISTMAS PARTY.” “WIFE STATED HE HAD BEEN DRINKING.”

PERFORMANCE ON FIELD SOBRIETY TESTS:   REFUSED ALL TESTS.

CHEMICAL TEST RESULTS:   REFUSED ALL TESTS.

RESULT:   MOTION TO SUPPRESS FILED TO EXCLUDE ALL EVIDENCE OF ILLEGAL STOP, SEIZURE AND SEARCH.  JUDGE GRANTED MOTION TO SUPPRESS STATING THAT OFFICER HAD NO REASONABLE SUSPICION OF CRIMINAL ACTIVITY WHEN HE ACTIVATED HIS EMERGENCY LIGHTS.

COMMONWEALTH V. PA

McCracken District Court

DUI FIRST OFFENSE

ARRESTING AGENCY:   PADUCAH POLICE DEPARTMENT

DRIVING:  “OBSERVED TURNING EAST ON MADISON STREET FROM NORTH 12TH STREET.  ABOVE THEN AFTER TURNING EAST SUDDENTLY TURNED HIS VEHICLE TO GO STRAIGHT ACROSS MADISON ONTO MONROE.  ABOVE THEN STOPPED ON THE SIDE OF THE STREET BEFORE OFFICER INITIATED EMERGENCY LIGHTS.”

OFFICER'S OBSERVATIONS:  “HAD STRONG SMELL OF ALCOHOLIC BEVERAGE COMING FROM HIS PERSON, AND HAD BLOODSHOT EYES.”  “STATED THAT HE HAD PREVIOUS BEEN DRINKING.”

PERFORMANCE ON FIELD SOBRIETY TESTS:  “HGN-6 clues.  OLS—3 CLUES.  WAT—4 CLUES.

CHEMICAL TEST RESULTS:  0.150 BREATH ALCOHOL CONTENT PER INTOXILYZER.

RESULT:  PRETRIAL MOTION TO SUPPRESS FILED TO EXCLUDE ALL EVIDENCE BECAUSE OF ILLEGAL STOP, SEIZURE AND SEARCH.  JUDGE GRANTED MOTION TO SUPPRESS.  CASE DISMISSED.

COMMONWEALTH V. YDK

Marshall District Court

DUI FIRST OFFENSE

ARRESTING AGENCY:  BENTON POLICE DEPARTMENT

DRIVING:  “DISPATCHED TO NON-INJURY VEHICLE COLLISION.  DISPATCH ADVISED “FRIEND” OF DRIVER TOOK HER HOME.”   OFFICER'S OBSERVATIONS:  OFFICER WENT INSIDE RESIDENCE.  “OBSERVED WHITE FEMALE LYING FACE DOWN ON THE BED.”  “BASED UPON HER APPEARANCE, ACTIONS, AND STATEMENTS, I BELIEVED THAT [YDK] MAY HAVE BEEN UNDER THE INFLUENCE OF PRESCRIPTION MEDICATIONS.”  “OBSERVED 7 0R 8 PRESCRIPTION MEDICATION BOTTLES ON A TABLE BY THE BED.”

CHEMICAL TEST RESULS:   REFUSED ALL TESTS.

RESULT: PRETRIAL MOTION TO SUPPRESS FILED BASED ON OFFICER'S WARRANTLESS ENTRY INTO RESIDENCE.  JUDGE GRANTED MOTION TO SUPPRESS.  CASE DISMISSED.

COMMONWEALTH V. CG

Marshall District Court

DUI FIRST OFFENSE

ARRESTING AGENCY: CALVERT CITY POLICE DEPARTMENT

DRIVING: "ABOVE WAS OBSERVED TRAVELING AT A HIGH RATE OF SPEED. OFFICER'S OBSERVATIONS: STRONG ODOR OF ALCOHOL, UNSTEADY ON FEET, ALL SIX CLUES ON HGN, ONLY MADE THREE HEEL TO TOE STEPS AND FAILED TO COUNT ON WALK AND TURN, PUT FOOT DOWN AND HAD TO BE REMINDED TO COUNT ON THE ONE LEG STAND. PBT INDICATED 0.141.

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

JURY VERDICT: NOT GUILTY.

COMMONWEALTH V. BCC

McCracken District Court

DUI FIRST OFFENSE

ARRESTING AGENCY: PADUCAH POLICE DEPARTMENT

DRIVING: :SHALLOW TURN CAUSING DRIVER TO RUN OVER MEDIAN, CROSSED CENTER LINE TWICE AND FOG LINE TWICE." AFTER STOP "I HAD TO YELL REPEATEDLY TO KEEP DRIVER FROM CONTINUING ON TO INTERSTATE." OFFICER OBSERVATIONS: "GLASSY EYES, STRONG ODOR OF ALCOHOL. HGN - SIX CLUES. HAD A FOUR INCH FRONT AND BACK SWAY AND HAD DIFFICULTY FOLLOWING INSTRUCTIONS. WALK AND TURN: COULD NOT HOLD START POSITION, MISSED HEEL TO TOE, STEPPED OFF LINE. ONE LEG STAND: SWAYED WHILE BALANCING, PUT FOOT DOWN, RAISED ARMS FOR BALANCE. PBT INDICATED PRESENCE OF ALCOHOL. SHE HAD DIFFICULTY FOLLOWING INSTRUCTIONS."

CHEMICAL TEST RESULTS: REFUSED ALL TESTS.

RESULT: AFTER CONSULTATION WITH A DIVIDED-ATTENTION TEST EXPERT AND REVIEW OF THE ARREST VIDEO WITH THE PROSECUTOR, THE DUI WAS AMENDED TO A NON-MOVING VIOLATION.

Attorney Andrew Coiner

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