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COM. v. MINIX

No. 98-SC-0778-DG.

3 S.W.3d 721 (1999)

COMMONWEALTH of Kentucky, Appellant, v. Jerry S. MINIX, Appellee.

Supreme Court of Kentucky.

Discretionary Review Granted by Supreme February 10, 1999.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Frankfort, J. Scott Preston, J. Kevin Holbrook, Preston & Holbrook, Paintsville, for Appellant.

John C. Collins, Collins & Allen, Salyersville, for Appellee.

GRAVES, Justice.

In May 1996, a Paintsville City Police Officer stopped Appellee, Jerry Minix, for running a stop sign. The officer suspected that Minix was under the influence of alcohol and requested that he perform several field sobriety tests. In addition, the officer made two attempts to administer a preliminary breath test (PBT); however the instrument failed both times. Based upon the officer's observation of Minix's performance of the sobriety tests, the obvious...

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