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COM. v. REYNOLDS

No. 2003-SC-0154-CL.

136 S.W.3d 442 (2004)

COMMONWEALTH OF KENTUCKY, Appellant, v. Joshua REYNOLDS, Appellee.

Supreme Court of Kentucky.

June 17, 2004.

Attorney(s) appearing for the Case

Justin D. Verst, Campbell County Attorney, Newport, Robert E. List, Assistant Campbell County Attorney, Covington, Counsel for Appellant.

Burr J. Travis, Busald Funk Zevely, PSC, Florence, John Palombi, Dennis Stutsman, Department of Public Advocacy, Frankfort, Counsel for Appellee.

LAMBERT, Chief Justice.

Pursuant to CR 76.37(10), the Commonwealth sought certification of the law on issues regarding Driving Under the Influence ("DUI") prosecutions of persons under the age of twenty-one, and this Court granted the certification request. The precise issue here is whether the Commonwealth may prosecute persons under the age of twenty-one years only under KRS 189A.010(1)(e), which creates a per se violation for having a significantly lower...

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