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COMMONWEALTH v. RIKER

2017-SC-000483-DG.

573 S.W.3d 622 (2018)

COMMONWEALTH of Kentucky, Appellant, v. James E. RIKER, Jr., Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 13, 2019.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Andy Beshear , Attorney General of Kentucky, Carlos Aundra Ross , Special Assistant Attorney General.

COUNSEL FOR APPELLEE: John Lindsay Tackett , Lexington.

OPINION OF THE COURT BY JUSTICE CUNNINGHAM

Around 2:30 a.m. on August 4, 2014, Lexington Police Officer Michael Steele responded to the scene of an accident in which Appellee, ("Riker"), was observed driving his vehicle into a parked car on Jersey Street in Lexington, Kentucky. Detecting the odor of alcohol on Riker, Officer Steele asked Riker to submit to field sobriety testing and a portable breath test ("PBT"). Riker agreed to do so. He failed the...

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