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HOPPENJANS v. COM.

No. 2008-CA-001388-DG.

299 S.W.3d 290 (2009)

Thomas R. HOPPENJANS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 25, 2009.

Attorney(s) appearing for the Case

Harry P. Hellings, Jr., Covington, KY, for appellant.

Jack Conway, Attorney General of Kentucky, James C. Monk, Assistant Attorney General, Frankfort, KY, for appellee.

Before STUMBO, THOMPSON, and WINE, Judges.

OPINION

WINE, Judge.

Following a jury trial in the Carroll District Court, Thomas R. Hoppenjans ("Hoppenjans") was convicted of one count of operating a motor vehicle under the influence of alcohol, first offense ("DUI"). He appealed to the circuit court, arguing that he was entitled to a mistrial after the arresting officer testified that Hoppenjans had refused to take a preliminary breath test ("PBT"). The circuit court affirmed, finding that the...

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