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COM. v. RHODES

No. 2009-CA-000336-DG.

308 S.W.3d 720 (2010)

COMMONWEALTH of Kentucky, Appellant, v. Tina RHODES, Appellee.

Court of Appeals of Kentucky.

April 2, 2010.

Attorney(s) appearing for the Case

Jack Conway, Attorney General, John Hayne, Assistant Attorney General, Frankfort, KY, for appellant.

John Cornett, Georgetown, KY, for appellee.

Before LAMBERT and STUMBO, Judges; WHITE, Senior Judge.

OPINION

LAMBERT, Judge.

Tina Rhodes was arrested and charged with driving under the influence. On October 27, 2008, the Fayette District Court ruled that Rhodes' conduct on the night of her arrest amounted to a refusal to submit to an intoxilyzer examination. Subsequently, the Fayette Circuit Court reversed the District Court's ruling and held that Rhodes' conduct did not amount to a refusal to submit to the exam. After careful review, we agree with...

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