COM. v. WIRTH

No. 95-SC-402-CL.

936 S.W.2d 78 (1996)

COMMONWEALTH of Kentucky, Appellant, v. Michael Alan WIRTH, Appellee.

Supreme Court of Kentucky.

Rehearing Denied January 30, 1997.


Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Frankfort, Garry L. Edmonson, Kenton County Attorney, Covington, for appellant.

Robert A. Riley, Assistant Public Advocate, LaGrange, Edward C. Monahan, Assistant Public Advocate, Frankfort, for appellee.

Wilbur M. Zevely, Florence, for amicus curiae.


LAMBERT, Justice.

We granted the Commonwealth's request for certification of the law (Ky. Const. § 115 and CR 76.37(10)) to determine the proper construction of KRS 189A.010 and other statutes which deal with driving under the influence of alcohol. In a broadly interpretive opinion, the Kenton District Court construed the statute to require, inter alia, a pre-trial election by the Commonwealth as to which of the four subparts of KRS 189A.010(1) it would...

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