Commonwealth v. Rhodes

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 the Fayette Circuit Court and affirm.

On September 18, 2008, Rhodes’ vehicle was stopped by Officer Felinski. After determining that there was…