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STUMP v. COM.

No. 2007-CA-001762-DG.

289 S.W.3d 213 (2009)

Dustin STUMP, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 19, 2009.

Attorney(s) appearing for the Case

John L. Tackett, Lexington, KY, for appellant.

Carrie McIntyre, Assistant Fayette County Attorney, Lexington, KY, for appellee.

Before CAPERTON and MOORE, Judges; GUIDUGLI, Senior Judge.

OPINION

MOORE, Judge.

On discretionary review, Dustin Stump seeks reversal of an appellate opinion of the Fayette Circuit Court, affirming the Fayette District Court's denial of Stump's motion to present the result of a preliminary breath test as exculpatory evidence. Both the circuit court and the district court decided that Kentucky Revised Statutes (KRS) 189A.104(2) specifically prohibited the introduction of such evidence at trial and that the...

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