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FERGUSON v. COM.

No. 2010-CA-001031-DG.

362 S.W.3d 341 (2011)

Elizabeth FERGUSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 27, 2012.

Attorney(s) appearing for the Case

Edward M. Bourne , Owenton, KY, for appellant.

James C. Monk , Special Assistant Attorney General, Carrollton, KY, for appellee.

Before TAYLOR, Chief Judge, CAPERTON and WINE, Judges.

OPINION

CAPERTON, Judge:

Elizabeth Ferguson appeals from an order of the Carroll Circuit Court affirming the ruling of the Carroll District Court denying Ferguson's motion to suppress the results of a breathalyzer test due to an alleged violation of KRS 189A.105(3). After a thorough review of the parties' arguments, the record and the applicable law, we agree with Ferguson that her motion to suppress should have been granted. Accordingly, we reverse...

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