SMITH v. COM.

No. 2003-CA-000214-DG.

164 S.W.3d 508 (2004)

John SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 8, 2005.


Attorney(s) appearing for the Case

Bobby Amburgey, Mt. Vernon, KY, for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Jeff Moss, Garrard County Attorney, Lancaster, KY, for Appellee.

Before JOHNSON, TAYLOR, and VANMETER, Judges.


OPINION

VANMETER, Judge.

This court granted discretionary review of an order from the Garrard Circuit Court affirming the Garrard District Court's judgment after a jury found John Smith guilty of driving under the influence (DUI), pursuant to KRS 189A.010. Smith argues that the trial court erred by failing to dismiss the action based on the Commonwealth's failure to elect under which subsection of KRS 189A.010 it would proceed. For the reasons stated...

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