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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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Thompson v. Commonwealth - 11/23/2005
REVERSING AND REMANDING This case comes to us on discretionary review of the Court of Appeals' opinion affirming the judgment of the Fayette Circuit Court, which denied Appellant's claim for RCr 11.42 relief. We granted review...

Sutton v. Commonwealth - 10/21/2005
REVERSING AND REMANDING BEFORE: GUIDUGLI AND MINTON, JUDGES; ROSENBLUM, SENIOR JUDGE. Barney Sutton (Sutton) brings this appeal from an order of the Bullitt Circuit Court, entered October 11, 2004, which granted the...

Lopez v. Commonwealth - 10/20/2005
REVERSING A Fayette District Court jury convicted Appellant, Nelson Lopez, of operating a motor vehicle with alcohol concentration of or above 0.08, KRS 189A.01 0(l)(a), and he was sentenced to twenty-one days in jail (reduced...

Commonwealth v. Armstrong - 10/14/2005
AFFIRMING BEFORE: KNOPF AND TACKETT, JUDGES; AND ROSENBLUM, SENIOR JUDGE . The Commonwealth appeals from an order of the Jefferson Circuit Court denying its petition to prohibit the Jefferson District Court from enforcing...

Cole v. Commonwealth - 10/14/2005
AFFIRMING BEFORE: DYCHE, KNOPF, AND TACKETT, JUDGES. Julius Cole appeals from an order of the McCracken Circuit Court, entered September 29, 2004, revoking his conditional discharge from prison and ordering him to serve...

Plumb v. Commonwealth - 9/23/2005
AFFIRMING BEFORE: DYCHE, KNOPF, AND TACKETT, JUDGES. Bruce Plumb, Jr., appeals from a judgment of the Fayette Circuit Court, entered September 8, 2004, convicting him pursuant to his conditional guilty plea of the...

Deno v. Commonwealth - 9/22/2005
TO BE PUBLISHED OPINION OF THE COURT BY CHIEF JUSTICE LAMBERT REVERSING AND REMANDING Appellant, James Anthony Deno, was indicted by a Jessamine county grand jury for rape in the first degree and for failing to...

Haley v. Commonwealth - 9/22/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED."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...

Inquiry Commission v. Robey - 9/22/2005
TO BE PUBLISHED OPINION AND ORDER The Inquiry Commission requests that Respondent Stephen P. Robey, KBA Member No. 59230, whose last known address is 508 East Main Street, Providence, KY 41450, be temporarily suspended from...

Shimkowiak v. Yucatan at the Landing - 9/16/2005
AFFIRMING BEFORE: COMBS, CHIEF JUDGE; HENRY AND TACKETT, JUDGES. Heather Shimkowiak appeals from the entry of summary judgment in favor of appellee Yucatan at the Landing, Ltd., d/b/a Yucatan Liquor Stand (Yucatan), in...

Commonwealth v. Leap - 8/25/2005
REVERSING The Defendant-Appellee, Rickey D. Leap, was convicted of assault in the 4th degree, wanton endangerment in the 1St degree and of being a persistent felony offender (PFO) in the 1 St degree. Upon appeal, the Court of...

Lanham v. Commonwealth - 8/25/2005
TO BE PUBLISHED OPINION OF THE COURT AFFIRMING I. INTRODUCTION Appellant, Philip Lanham, was convicted of murdering his wife and tampering with physical evidence of his crime. He was sentenced to life in prison....

Boyd v. Commonwealth - 8/25/2005
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...

Battoe v. Commonwealth - 8/25/2005
THIS OPINIONIS DESIGNA TED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCED URE PROIVIULGA TED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOTBE CITED OR USED AS AUTHORITY INANY...

Williams v. Commonwealth - 8/19/2005
AFFIRMING BEFORE: KNOPF, TAYLOR, AND VANMETER, JUDGES. On March 31, 2004 a judgment of conviction and sentence was entered finding George Williams (Williams) guilty on three counts of reckless homicide and sentencing him...

McLevain v. Commonwealth - 8/5/2005
AFFIRMING BEFORE: BUCKINGHAM, JOHNSON, AND MINTON, JUDGES. Roger McLevain has directly appealed from the judgment and sentence entered June 28, 2004, by the Muhlenberg Circuit Court, based on the denial of his motion to...

Poe v. Commonwealth - 7/22/2005
REVERSING AND REMANDING BEFORE: BARBER AND SCHRODER, JUDGES; HUDDLESTON, SENIOR JUDGE. Kevin Michael Poe (Poe) entered a conditional guilty plea on September 25, 2003 to the offenses of driving under the influence, first...

Farmer v. Commonwealth - 7/15/2005
AFFIRMING BEFORE: BARBER, KNOPF AND SCHRODER, JUDGES. This is an appeal from a judgment pursuant to a conditional guilty plea to two counts of second-degree assault stemming from an automobile collision. Appellant argues...

Penrod v. Pride Johnson Heating - 7/15/2005
AFFIRMING BEFORE: JOHNSON AND McANULTY, JUDGES; HUDDLESTON, SENIOR JUDGE. Although Richard Penrod (Penrod) was injured in an accident while driving his work truck to his next service call as a heating and air conditioning...

Waldrip v. Commonwealth - 7/8/2005
AFFIRMING BEFORE: BARBER AND SCHRODER, JUDGES; AND HUDDLESTON, SENIOR JUDGE. In the early morning hours of December 6, 2004, Gordon Waldrip, a resident of Florida, was driving north on Kentucky Highway 121 in Calloway...

Black v. Commonwealth - 7/1/2005
AFFIRMING BEFORE: TACKETT AND VANMETER, JUDGES; MILLER, SENIOR JUDGE. Michael Black appeals from a judgment of the Mason Circuit Court finding him guilty of possession of a controlled substance in the first degree,...

Edwards v. Commonwealth - 6/24/2005
AFFIRMING BEFORE: GUIDUGLI, McANULTY, AND MINTON, JUDGES. Samuel Edwards was convicted by an Adair Circuit Court jury of two counts of first-degree assault. He was also convicted of second-degree wanton endangerment,...

J.S.H. v. Cabinet for Health and Family Services and Commonwealth - 6/17/2005
AFFIRMING BEFORE: BARBER AND JOHNSON, JUDGES; AND HUDDLESTON, SENIOR JUDGE. Appellant, JSH, appeals the Harlan Circuit Court's Judgment and Order terminating his parental rights to three minor children, who are all under...

Commonwealth v. Greenwood - 6/17/2005
AFFIRMING BEFORE: BARBER AND SCHRODER, JUDGES; HUDDLESTON, SENIOR JUDGE. Appellant, the Commonwealth of Kentucky, appeals the grant of a writ of prohibition by the Breckinridge Circuit Court preventing a retrial in...

Brown v. Commonwealth - 6/16/2005
AFFIRMING On the night of January 15, 2002, in Hopkinsville, Kentucky, Appellant, Demond T. Brown, drove his Ford Crown Victoria automobile into an intersection against a red light and collided with another automobile operated...

Hodge v. Commonwealth - 6/10/2005
VACATING AND REMANDING BEFORE: KNOPF, TAYLOR, AND VANMETER, JUDGES. William Hodge appeals from a May 20, 2004, order of the Hickman Circuit Court summarily denying his RCr 11.42 motion for post-conviction relief. Hodge...

Commonwealth v. Evans - 6/3/2005
REVERSING AND REMANDING BEFORE: GUIDUGLI, JOHNSON, AND McANULTY, JUDGES. The Commonwealth of Kentucky has taken an interlocutory appeal pursuant to KRS 22A.020(4) from the Jefferson Circuit Court's August 11, 2004, order...

Marshall v. Commonwealth - 6/3/2005
AFFIRMING BEFORE: GUIDUGLI, McANULTY, AND MINTON, JUDGES. Anthony Wayne Marshall appeals the order of the McCracken Circuit Court denying his motion pursuant to RCr 11.42 to vacate his conviction and sentence. He argues...

Suiter v. Suiter - 5/27/2005
AFFIRMING BEFORE: HENRY AND SCHRODER, JUDGES; EMBERTON, SENIOR JUDGE. Terri N. Suiter appeals an order of the Logan Circuit Court that awarded her $750 per month in child support. She asserts that the court erred when it...

Webb v. Webb - 5/20/2005
AFFIRMING BEFORE: DYCHE, SCHRODER, AND VANMETER, JUDGES. This is an appeal from a judgment terminating the parental rights of appellant to his infant daughter. We adjudge that the findings of the trial court relative to...

Sweat v. Commonwealth - 5/20/2005
AFFIRMING BEFORE: MINTON AND TACKETT, JUDGES; HUDDLESTON, SENIOR JUDGE. Herschel Sweat, Jr. appeals from an order of the Casey Circuit Court denying his request for relief pursuant to Kentucky Rule of Criminal Procedure...

Mills v. Commonwealth - 5/19/2005
TO BE PUBLISHED AFFIRMING IN PART AND REVERSING IN PART I. INTRODUCTION On August 30, 1995, Appellant, John Mills, was arrested for the murder of A.L. Phipps. At trial, the jury found Appellant guilty of Murder,...

Mills v. Commonwealth - 5/13/2005
REVERSING AND REMANDING BEFORE: McANULTY AND TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE. Following a traffic stop, William Larry Mills was arrested on April 24, 2000, and charged with violation of KRS 189A.010, driving under...

Sebree v. Kentucky State Police - 5/13/2005
AFFIRMING BEFORE: MINTON AND TACKETT, JUDGES; HUDDLESTON, SENIOR JUDGE. In June 1999, Ronald G. Sebree filed suit in Franklin Circuit Court against his former employer, the Kentucky State Police (KSP), and against retired...

Banks v. Commonwealth - 5/6/2005
AFFIRMING Melissa Banks appeals the judgment revoking her probation. Although she raised no objection to the revocation proceedings in the circuit court, she now asserts that the revocation hearing did not comport with the...

Dunn v. Bar Association - 4/21/2005
TO BE PUBLISHED OPINION AND ORDER Steven R. Dunn, of Providence, Kentucky was admitted to practice law in the Commonwealth of Kentucky on October 3, 1979. Seeking reinstatement from disciplinary suspension, he moves this...

Strasser v. Character and Fitness Committee of the Kentucky Office of Bar Admissions - 4/21/2005
TO BE PUBLISHED OPINION AND ORDER This is an original action for review of a decision of the Character and Fitness Committee (Committee) of the Kentucky Board of Bar Examiners denying an application for admission to the...

Pulliam v. Bar Association - 4/21/2005
TO BE PUBLISHED OPINION AND ORDER Arthur Woodson Pulliam, whose last known bar roster address is 300 West Main Street, Munfordville, Kentucky 42765, was admitted to the practice of law in this Commonwealth on October 21,...

Briscoe v. Commonwealth - 4/8/2005
AFFIRMING Winston Briscoe appeals the Circuit Court's summary denial of his RCr 11.42 motion. We find that Briscoe's claim that he received ineffective assistance of counsel is refuted by the record and affirm. In March...

Ault v. Commonwealth - 4/1/2005
AFFIRMING At 4:00 a.m. on the morning of August 10, 1996, Gary M. Ault, a drunk driver, drove his vehicle onto Interstate 64 in Louisville at the 9th Street exit and began traveling west in the eastbound lane. Because Ault was...

Hembree v. Commonwealth - 4/1/2005
AFFIRMING James M. Hembree appeals from a judgment of the Bell Circuit Court wherein he was convicted of possession of a controlled substance and was sentenced to one year in prison. The issue is whether the evidence was...

Matthews v. Commonwealth - 4/1/2005
AFFIRMING Shortly before midnight on June 26, 1996, Jimmy Matthews, who was drunk, drove a vehicle the wrong way on Interstate 65 in Jefferson County and caused an accident that, fortunately, did not kill anyone. As a result of...

Bowles v. Commonwealth - 12/17/2004
REVERSING AND REMANDING Edward T. Bowles appeals from an opinion and judgment entered by the Christian Circuit Court denying his RCr 11.42 motion. We reverse and remand for a new trial. Bowles was convicted of murder following...

Dansby v. Commonwealth - 11/24/2004
AFFIRMING Troy Zandale Dansby appeals his conviction for possession of cocaine, possession of marijuana and of being a persistent felony offender, second degree. Dansby contends that the drugs recovered from his vehicle...

Gribbons v. Commonwealth - 11/24/2004
AFFIRMING George Gribbons brings this appeal from a July 18, 2003, Order of the Casey Circuit Court. Gribbons was convicted of wanton murder and sentenced to forty years' imprisonment. The Kentucky Supreme Court affirmed his...

Commonwealth v. Nance - 11/24/2004
REVERSING AND REMANDING The Commonwealth of Kentucky has taken an interlocutory appeal pursuant to KRS 22A.020(4) from the Calloway Circuit Court's August 13, 2004, order suppressing evidence against James T. Nance seized in a...

Story v. Commonwealth - 11/19/2004
AFFIRMING Facing twenty years to life in prison on each of two wanton murder charges, Donald Story opted to forego a jury trial and, instead, take the Commonwealth's offer to plead guilty and receive two twenty-year sentences...

Page v. Com. - 11/18/2004
Appellant, Horace William Page, appeals as a matter of right [FN1] from the final judgment of the Allen Circuit Court sentencing him to fifty-two (52) years imprisonment on two (2) counts of second-degree manslaughter, two (2) counts of...

Dixon v. Commonwealth - 11/18/2004
TO BE PUBLISHED AFFIRMING Appellant, Roy E. Dixon, was convicted by a Henderson Circuit Court jury of trafficking in a controlled substance in the first degree and sentenced to ten years in prison. Upon finding Appellant to...

Page v. Commonwealth - 11/18/2004
TO BE PUBLISHED AFFIRMING IN PART AND VACATING IN PART Appellant, Horace William Page, appeals as a matter of right from the final judgment of the Allen Circuit Court sentencing him to fifty-two (52) years imprisonment on...

Inquiry Commission v. Hawkins - 11/18/2004
TO BE PUBLISHED KBA MEMBER NO. 87412 OPINION AND ORDER Pursuant to SCR 3.165(1), the Inquiry Commission has petitioned this Court to enter an order temporarily suspending Respondent, Nicholas G. Hawkins, from the...

Partin v. Commonwealth - 11/5/2004
AFFIRMING David Partin was convicted of three counts of first-degree wanton endangerment, resisting arrest, disorderly conduct, possession of marijuana, carrying a concealed deadly weapon, and operating a motor vehicle while...

Adams v. Commonwealth - 11/5/2004
AFFIRMING Zayer Adams (hereinafter appellant) appeals the order of the Christian Circuit Court denying his motion for RCr 11.42 relief from his judgment of conviction. Following a jury trial, appellant was convicted of Fleeing...

Patterson v. Com. - 11/5/2004
Shortly after midnight on July 15, 2002, Kenneth Patterson drove an eighteen-wheeler through a guardrail on an entrance ramp to I-65 in Hart County, Kentucky. Patterson was still behind the wheel of the truck when the police arrived. He...

Marston v. Com. - 11/5/2004
We granted Gregory Marston discretionary review to consider his challenge to the Franklin District Court's denial of a motion to suppress. Marston was stopped at 11:43 p.m. on March 1, 2000, for driving with expired license plate tags. The...

Patterson v. Commonwealth - 11/5/2004
AFFIRMING Shortly after midnight on July 15, 2002, Kenneth Patterson drove an eighteen-wheeler through a guardrail on an entrance ramp to I-65 in Hart County, Kentucky. Patterson was still behind the wheel of the truck when the...

Clemons v. Commonwealth - 11/5/2004
AFFIRMING Two of the non-financial conditions of James Clemons's pretrial release from jail were to avoid alcohol and to observe a curfew. The trial court revoked his bond after Clemons was caught out drinking past curfew....

Marston v. Commonwealth - 11/5/2004
AFFIRMING We granted Gregory Marston discretionary review to consider his challenge to the Franklin District Court's denial of a motion to suppress. Marston was stopped at 11:43 p.m. on March 1, 2000, for driving with expired...

Grimm v. Commonwealth - 10/22/2004
AFFIRMING Jamie Danielle Grimm (Grimm) appeals her conviction for one count of assault in the second degree; operating a motor vehicle while under the influence of substance which impairs driving ability, first offense; and...

Com. v. Shuck - 10/22/2004
The Commonwealth of Kentucky appeals from an opinion and order of the Fayette Circuit Court suppressing evidence discovered following a police stop of Steven Shucks (Shuck) pickup truck. The police stop was initiated solely on the basis...

Grimm v. Com. - 10/22/2004
Jamie Danielle Grimm (Grimm) appeals her conviction for one count of assault in the second degree; [FN1] operating a motor vehicle while under the influence of substance which impairs driving ability, first offense; [FN2] and possession of...

McCarty v. Com. - 10/22/2004
Eugene McCarty, Jr., appeals from a jury verdict finding him guilty of three counts of drug possession. McCarty argues that his conviction should be overturned because the discovery of drugs in his car by police was the result of a stop...

McCarty v. Commonwealth - 10/22/2004
AFFIRMING Eugene McCarty, Jr., appeals from a jury verdict finding him guilty of three counts of drug possession. McCarty argues that his conviction should be overturned because the discovery of drugs in his car by police was...

Commonwealth v. Shuck - 10/22/2004
AFFIRMING The Commonwealth of Kentucky appeals from an opinion and order of the Fayette Circuit Court suppressing evidence discovered following a police stop of Steven Shuck's (Shuck) pickup truck. The police stop was initiated...

Blakeman v. Commonwealth - 10/21/2004
THIS OPINIONIS DESIGNA TED "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 INANY...

Hill v. Com. - 10/8/2004
Robert Hill appeals from an order of the Henderson Circuit Court revoking his probated sentence and remanding him to custody to serve the remainder of a twelve-month sentence on charges of criminal coercion and operating a motor vehicle...

Com. v. Ellis - 10/8/2004
The Commonwealth of Kentucky has appealed from the Warren Circuit Court's September 3, 2003, final judgment entered following Gary Kenneth Ellis's entry of a guilty plea to an amended charge of Driving Under the Influence of Intoxicants,...

Hill v. Commonwealth - 10/8/2004
VACATING AND REMANDING Robert Hill appeals from an order of the Henderson Circuit Court revoking his probated sentence and remanding him to custody to serve the remainder of a twelve month sentence on charges of criminal...

Commonwealth v. Ellis - 10/8/2004
NOT TO BE PUBLISHED OPINION AND ORDER DISMISSING The Commonwealth of Kentucky has appealed from the Warren Circuit Court's September 3, 2003, final judgment entered following Gary Kenneth Ellis's entry of a guilty...

Smith v. Commonwealth - 9/24/2004
AFFIRMING This court granted discretionary review of an order from the Garrard Circuit Court affirming the Garrard District Court's judgment after a jury found John Smith guilty of driving under the influence (DUI), pursuant to...

Burton v. Waters - 9/24/2004
Steven Burton appeals the summary judgment granted to the City of Lebanon and the judgment on the pleadings dismissing his claim against Officer Jeff Waters for failing to arrest the driver of a vehicle (in which Burton was a passenger)...

Smith v. Com. - 9/24/2004
This court granted discretionary review of an order from the Garrard Circuit Court affirming the Garrard District Court's judgment after a jury found John Smith guilty of driving under the influence (DUI), pursuant to KRS 189A.010. Smith...

Hubbard v. Com. - 9/10/2004
Glen F. Hubbard appeals from the portion of a final judgment of the Campbell Circuit Court convicting him of operating a motor vehicle on a DUI- suspended license, second offense, while under the influence of intoxicants, in violation of...

Hubbard v. Commonwealth - 9/10/2004
REVERSING AND REMANDING Glen F. Hubbard appeals from the portion of a final judgment of the Campbell Circuit Court convicting him of operating a motor vehicle on a DUI-suspended license, second offense, while under the...

Whobrey v. Commonwealth - 9/3/2004
AFFIRMING In 2003-CA-000428-MR, Terry Wayne Whobrey appeals from an order of the Jefferson Circuit Court entered on January 15, 2003 in which the trial court denied his motion, pursuant to RCr 11.42, to vacate his criminal...

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