KING v. COMMONWEALTH

No. 92-CA-002910-DG.

875 S.W.2d 902 (1993)

Kelly W. KING, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 15, 1994.


Attorney(s) appearing for the Case

William E. Burt, Jr., Stanton, for appellant.

Chris Gorman, Atty. Gen., Kent T. Young, Asst. Atty. Gen., Frankfort, for appellee.

Before GARDNER, SCHRODER and WILHOIT, JJ.


SCHRODER, Judge:

This is an appeal of a conviction for a per se DUI, wherein the defendant alleges error in admitting a BA result of .10 where the intoxilyzer machine in question has a margin of error of plus/minus .005.

The appellant, Kelly W. King, was stopped and arrested on May 23, 1992, on the charge of DUI. Shortly thereafter, appellant was tested on an Intoxilyzer 5000 which gave a reading of .100. The uncontroverted evidence disclosed the machine's...

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