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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.
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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.
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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.)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
CALHOUN 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.
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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.
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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.
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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.
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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.
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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)
EFFECTS INTOXILYZER.
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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.
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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.
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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.
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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.
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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.
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