COM. v. GAITHERWRIGHT

No. 2001-SC-0132-CL.

70 S.W.3d 411 (2002)

COMMONWEALTH of Kentucky, Movant, v. Joseph GAITHERWRIGHT, Respondent.

Supreme Court of Kentucky.

March 21, 2002.


Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General, Frankfort, Christopher S. Nordloh, Assistant Kenton County Attorney, Covington, for Movant.

F. Dennis Alerding, Covington, Richard Hoffman, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Respondent.


GRAVES, Justice.

Pursuant to Ky. Const. § 115 and CR 76.37(10), the Commonwealth has petitioned this Court for a certification of the law regarding the following issue: Whether the refusal to submit to a breath, blood or urine test on a first offense DUI charge is an aggravating circumstance under KRS 189A.010(11)(e) which, if found to have occurred, subjects the defendant to enhanced penalties pursuant to KRS 189A.010(5)(a).

In October 2000, Respondent...

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