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COM. v. HERNANDEZ-GONZALEZ

No. 2001-SC-0600-CL.

72 S.W.3d 914 (2002)

COMMONWEALTH of Kentucky, Petitioner, v. Fernando HERNANDEZ-GONZALEZ, Respondent.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 16, 2002.

Attorney(s) appearing for the Case

A.B. Chandler III, Atty. Gen., Frankfort, Irvin G. Maze, Jefferson County Atty., Matthew H. Welch, Asst. Jefferson County Atty., Louisville, for Petitioner.

Tommy Jack Smith, Robert Denton Mattingly, Decamillis Law Office, Harry Bernard O'Donnell, Louisville, for Respondent.

CERTIFICATION OF THE LAW

GRAVES, Justice.

Respondent, Fernando Hernandez-Gonzalez, was arrested for first offense driving under the influence. KRS 189A.010(1)(a). The Jefferson District Court suppressed the results of the blood alcohol test and found Respondent not guilty of DUI, but guilty of reckless driving. The district court concluded that the statutorily required warning required by KRS 189A.105 is inaccurate since a person convicted of first offense...

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